These Terms of Use (the “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user”) and the Owner of Flying Fox (“we”, “us”, or “our”) concerning your access to and use of the https://flyingfoxgame.com/ website and the Flying Fox gaming applications as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and the “Games”). The Terms of Use may be, at our own rights and discretion, updated from time to time and shall immediately take effect and bind you to follow and be regulated without receiving your concerns and consents so long as you are using our Games and Site.
WE ARE ONLY WILLING TO MAKE THE SITE AND THE GAMES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THE TERMS OF USE. BY USING THE SITE, THE GAMES, THE ASSOCIATING MEDIA OR ANY PART OF THEREOF, OR BY SIGNING UP WITH YOUR NAME, YOUR EMAIL, AND/OR YOUR CRYPTO WALLET, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE GAME, AND THE ASSOCIATING SERVICES THEREOF, AND YOU MUST DISCONTINUE TO USE AND/ OR USING SUCH IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to the Terms of Use at any time and for any reason. We shall alert you of any changes by updating the “Last Updated” date of the Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms of Use to stay informed of updates. You shall be subject to and shall be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site or the Games after the date such revised Terms of Use are posted on the Site or in the Games. The information on the Site is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law or regulation thereof or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and/or the Games from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Metaverse Game is intended for individual users who have full legal capacities and are at least 18 years old and have reached the age of majority provided for the applicable laws of relevant jurisdictions. People under the age of 18 or the applicable age of majority are not permitted to use or register for the Metaverse Game.
Formation of Business
The games are managed by two companies formerly known as:
- Flying Fox Gaming Studio (ie. Flying Fox Game Limited) and Sam Peng Way Limited (Parent Company).
- Sam Pen Way Limited has the registered address of 12 Constance Street, London, E16 2DQ.
- Flying Fox Game Limited has the registered address of International House 45-55 Commercial Street London E1 6BD.
It is important to note that Sam Peng Way Limited is responsible for all versions of the introductory free-to-play Flying Fox Game, age-appropriate for those of 8 years upwards.
Flying Fox Gaming Studio is responsible for all Blockchain components, including the Flying Fox: Endangered World metaverse (henceforth referred to as “the metaverse”), available to those 18 years upwards.
Blockchain & NFT’S
The metaverse is a distributed application that is currently running on Polygon (the “Polygon network”), which is built on top of Ethereum (the “Ethereum network”) (the Polygon and Ethereum networks are hereinafter referred to collectively as the “Blockchains”). The metaverse uses smart contracts (each, a “Contract”) to enable users to own Governance Tokens and Non-Fungible Tokens. The Game also enables users to own and transfer other digital assets including but not limited to plots of Land and other Products as updated from time to time by our policies (the “Assets”). These Assets can then be visualised on the Site so that the user can interact with the Site. Using the Site, users can view their Assets and use them to acquire, trade, and move through all 8 levels of the games.
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Games are our proprietary property and all source code, databases, functionality, software, website designs, audio, videos, texts, photographs, and graphics on the Site, the Game and all other associating functions (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned by us, controlled by us, or licensed to us, noted in formation, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of relevant jurisdictions and international conventions. Except as expressly provided in the Terms of Use, no part of the Site, the Game, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and the Games, you are granted a limited licence to access and use the Site and the Game or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Games, the Content, and the Marks.
2. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS
By using the Site, the Games, and the Contracts, you represent, warrant, and covenant that:
- All registration information you submit to us shall be true, accurate, current, and complete;
- You shall maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with the Terms of Use;
- You are not a minor in the jurisdiction which you reside in or belong to;
- You shall not access the Site and/or the Games through automated and non-human means, whether through a bot, script or otherwise except as expressly permitted by us;
- You shall not use the Site, the Games, and the Contracts for any illegal and unauthorised purpose;
- Your use of the Site, the Games, and the Contracts shall not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the Games, and the Contracts (or any portion thereof);
- You, as an account owner, are responsible for the actions of any individuals hired or allowed by you to play on your behalf, and their actions can have consequences for any connected accounts that you own;
- You have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions list). We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of the Site and the Games in certain countries or regions.
3. USER REGISTRATION
You may be required to register with the Site, the Games and the Contracts. You agree to keep your password confidential and shall be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. PROHIBITED ACTIVITIES
You may not access or use the Site, the Games, and the Contracts for any purpose other than that for which we make the Site, the Games, and the Contracts available at our sole discretion. The Site, the Games and the Contracts may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with us. You are specifically prohibited to conduct or be engaged in acts including but not limited to:
- It is Important to note that there are country restrictions on Play to Earn and it will be your responsibility to ensure you are playing in accordance with the Local Law in which country you are using the Games.
- Systematically retrieving data or other content from the Site, the Content, the Marks, and the Games to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Making any unauthorised use of the Site, the Games, the Content, the Marks, and the Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Using a buying agent or purchasing agent to make purchases on the Site, the Games, and the Contracts.
- Using the Site, the Games, the Content, the Marks, and the Contracts to advertise or offer to sell goods and services without written permission from us.
- Circumventing, disabling, or otherwise interfering with security-related features of the Site, the Games, and the Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the Games, and the Contracts and/or the Content contained therein.
- Being engaged in unauthorised framing of or linking to the Site, the Games and the Contracts.
- Tricking, defrauding, or misleading us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Making improper use of our support services or submitting false reports of abuse or misconduct.
- Being engaged in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as expressly permitted by us.
- Interfering with, disrupting, or creating an undue burden on the Site, the Games, the Contracts, or the networks or services connected to them.
- Attempting to impersonate another user or person or use the username of another user.
- Selling or otherwise transferring your profile and/or account.
- Using any information obtained from the Site, the Games, the Content, the Marks, and the Contracts in order to harass, abuse, or in any way harm another person.
- Using the Site, the Games, the Content, the Marks, and the Contracts as part of any effort to compete with us or otherwise use the Site, and the Contracts, the Marks and/or the Content for any revenue-generating endeavour or commercial enterprise not previously approved by us in writing.
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site, the Games, or the Contracts.
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the Games, the Content, and the Contracts.
- Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site, the Games, the Content, and the Contracts to you.
- Deleting the copyright or other proprietary rights notice from any Content.
- Copying or adapting the Site’s software, including but not limited to PHP, HTML, JavaScript, Solidity or other code.
- Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and the Games or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the Games, or the Contracts.
- Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engines or internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the Games, or the Contracts, or using or launching any unauthorised script or other software.
- Disparaging, tarnishing, or otherwise harming, in our opinion, us, the Site, the Games, and/or the Contracts.
- Using the Site, the Games, the Content, the Marks, and the Contracts in any manner inconsistent with any applicable laws or regulations in the market, state or region in which you are using the Site, the Games, the Content, the Marks, and the Contracts.
5. SUBMISSION
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site, the Games and the Contracts (“Submissions”) provided by you to us are non-confidential and shall become solely our property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any economic and moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
6. THIRD-PARTY WEBSITE AND CONTENT
The Site and/or the Games (or any content you may be sent via the Site and/or the Games) may have links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the Game or any Third-Party Content posted on, available through, or installed from the Site and/or the Game including but not limited to the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the Games and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that the Terms of Use do not in any way govern and we shall not be liable for any of your activities related to Third-Party Websites and Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the Games or relating to any applications you use or install from the Site and/or the Games. Any purchase you make through Third-Party Websites shall be through other websites and from other entities, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and shall hold us harmless from any harm caused by your purchase of such products and services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
7. TERMINATION
The Terms of Use remain in full force and effect while you use the Site, the Games, and the Contracts. Without limiting any other provision of the Terms Of Use, we reserve the right to, at our sole discretion and without notice or liability, deny access to and use of the Site, the Games and the Contracts (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in the Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site, the Games, and the Contracts or delete your account without warning, at our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal actions, including without limitation pursuing civil, criminal, and injunctive redress.
8. DISCLAIMER
• GENERAL CLAUSE
Please carefully review the Terms of Use before you continue to access the Site or the Games. Accessing the Site or the Games means that you fully agree to the Terms of Use set forth by us. The information we use on the Site, except for the Terms of Use, Privacy Policy, and Disclaimer, is for reference purposes only unless otherwise stated by us and all information on the Site is subject to change without notice and should not be used as our advice, acts of inducement, or influence whatsoever for any person in any case. We, as our sole right, may change and update said information and regulations at any time. Therefore, you must visit the Site regularly to get the latest information. Accessing the Site or the Games means you fully understand, agree and acknowledge that we and our affiliates and licensors (a) make no representations or warranties of any kind, whether express, implied, statutory, or otherwise regarding the Site, the Games, the Contracts, or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the Site, the Games, the Contracts, or third-party content will be uninterrupted, error-free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered. You understand and agree that we, our subsidiaries, affiliates, and licensors and other relevant persons and entities as updated from time by our policies shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damage which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other tangible or intangible loss, even if we have been advised of the possibility of such damage. You hereby understand, agree and acknowledge that in any cases, we shall not be held liable for compensations or reimbursements to you for any and all claims arising out of or relating to the Terms of Use or your access to or use of (or your inability to access or use) any portion of the Site, the Games and the Contracts, whether in contract, tort, strict liability, or any other legal theory. You hereby understand, agree and acknowledge that we have made the Site, the Games and the Contracts available to you and entered into the Terms of Use in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the Games and the Contracts to you without these limitations. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the Site, the Games, and the Contracts shall meet your requirements, (ii) your access to or use of the Site, the Games, and the Contracts shall be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Site, the Games, and the Contracts shall be accurate, (iii) the Site, the Games, and the Contracts or any content, services, or features made available on or through the Site, the Games and the Contracts are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the Site, the Games and the Contracts shall be secure.
• TAX AND FEES
If you elect to purchase and/or trade including but not limited to NFTs, Land and our other products related to the Site and the Games as updated from time to time by our policies (collectively the “Product” or “Products”), which shall be released by us and may be available for purchase on the day we first launch the Marketplace of the Game and the additional Products from time to time as updated by our policies purchased on the Site and/or the Games with and/or from other users via any transactions that you engage in shall be conducted solely through the Blockchains via a crypto wallet etc. which are outside our control. It is assumed that you fully understand, agree and acknowledge that we have no insight into or control over these payments or transactions, nor do we have the ability to reverse any such payments or transactions. Therefore, we shall, in any cases, have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the Games or using the Contracts, or any other transactions that you conduct via, include but not limited to, cryptocurrency exchanges platforms such as Binance, etc. As between us, you shall be solely responsible to pay any and all sales, use, property, value-added and other taxes, duties, governmental charges, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Tax” or “Taxes”) associated with your use of the Site (including, without limitation, any Taxes that may become payable as a result of your accessing and using the Site or the Games and your ownership, transfer, or growing of any Product that is in your ownership). Except for income taxes levied on our Games (if any), you: (i) shall pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms of Use.
• MARKET AND TOKEN MANAGEMENT
It is assumed that you expressly understand and agree that your access to and use of the Site, the Games, and the Contracts are at your own risk, and that the Site, the Games, and the Contracts are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, agents, employees, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Site, the Games and the Contracts and any part of it (including, without limitation, the Site, the Games, any Contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. You are deemed to fully acknowledge and accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security by any party. We shall not be responsible or liable to you for any losses you incur as the result of your use or misuse of the Ethereum network, the Polygon network, the Blockchains, the Games, the Site, and any electronic wallet (eg. Metamask) and any other service or products of ours or a third party, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the Ethereum network, the Polygon network, the Blockchains, the Games, the Site, any electronic wallet (eg. Metamask) and the like. Cryptocurrencies are intangible digital assets that exist only by virtue of the ownership record maintained on the blockchain. All Contracts are conducted and occur on the decentralised ledger within the Blockchains. Due to the nature of the Blockchains, we have no control over and make no guarantees or promises with respect to Contracts. We are not responsible for losses due to blockchains or any other features of or any issue with the Ethereum network, the Polygon network, or any electronic wallet, including but not limited to forks, technical node issues, or any other issues having fund losses as a result.
• THIRD-PARTY LINKS AND WEBSITES
We hold no responsibilities and shall not be responsible or liable in any way for the content of such other websites or media linked to the Site or the Games, including any products, services, and other items offered through such websites.
9. LIMITATION OF LIABILITY
You understand and agree that we, our subsidiaries, affiliates, service providers, employees, agents, and licensors shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages. You agree and acknowledge that we have made the Site, the Games and the Contracts available to you and entered into the Terms of Use in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide the Site, the Games and the Contracts to you without these limitations.
10. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Products, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of the Products shall not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your Product-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Site, the Games, or the Contracts.
C. The Site does not store, send, or receive Products. This is because Products exist only by virtue of the ownership record maintained on the Games’ supporting Blockchains. Any transfer of Product occurs only on The Blockchains.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that we shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using The Blockchains, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Site and Games’ ecosystem, and therefore the potential utility or value of the Products.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Games’ ecosystems, and therefore the potential utility or value of Products and cryptocurrencies related (if any).
G. Upgrades of the Site and/or the Games by us may have unintended, adverse effects on all assets in the Games.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, service providers and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by third party due to or arising out of: (1) use of the Site or the Games, (2) breach of the Terms of Use, (3) any breach of your representations and warranties set forth in the Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other user of the Site, the Games and the Contracts with whom you connected via the Site, the Games and the Contracts.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We shall use reasonable efforts to notify you of any such claim, action or proceeding, which is subject to this indemnification upon becoming aware of it.
12. USER DATA
We shall maintain certain data that you transmit to the Site, the Games and the Contracts for the purpose of managing the performance of the Site, the Games and the Contracts, as well as data relating to your use of the Site, the Games and the Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the Games and the Contracts. It is assumed that you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
13. COMMENTS
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
14. MEDIA
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
15. COOKIES
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
16. EMBEDDED CONTENT FROM OTHER WEBSITES
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
17. WHO WE SHARE YOUR DATA WITH
The website may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to the website.
18. HOW LONG WE RETAIN YOUR DATA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
19. WHAT RIGHTS YOU HAVE OVER YOUR DATA
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
20. WHERE WE SEND YOUR DATA
Visitor comments may be checked through an automated spam detection service.
21. MISCELLANEOUS
The Terms of Use and any policies or operating rules posted by us on the Site, the Games and the Contracts, or in respect to the Site, the Games and the Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms of Use or use of the Site or the Games. You agree that the Terms of Use shall not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.