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
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 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.
- 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.
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
• GENERAL CLAUSE
• TAX AND FEES
• 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
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.
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.
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.
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.
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.
17. WHO WE SHARE YOUR DATA WITH
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.