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Terms of use

FatBoy is a Web3 tamagotchi app (App) launched by NFT GAMES LLC (Company).
Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Amendments to Terms of Use

The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

2. Who may use the App?

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the App and the Services.
The App and the Services are offered only for your personal, non-commercial use. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.
By using the App or the Services you represent and warrant that:
  1. 1.
    your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them. Accordingly, persons who choose to access the Site or Application from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

3. App

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.
We may from time to time change the rate at which users accumulate tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.
You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.
We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.

4. Privacy policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://whitepaper.fatboygame.com/game/privacy. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.

5. Purchase

The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorised by the Company (each an External Service, and any purchases made being an External Service Purchase).
When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service. You may be charged a sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription on a monthly basis until you cancel your subscription. You will be automatically charged at the price and time period you agreed to when first making the purchase.
If you do not want to renew your subscription, or if you want amend or cancel your subscription, you must log into your External Service Account and follow the instructions to manage or cancel your subscription. This applies even if you have deleted your account with us or if you have deleted the App from your device.
If you initiate a chargeback or otherwise reverse a payment made with the Company or your External Service Account, the Company may terminate your subscription immediately in its sole discretion. All purchases are final and non-refundable, except if laws applicable in your jurisdiction provide for refunds.

6. Disclaimer of representations and warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE APP’S OR SERVICES’ ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

7. User representations

By accessing and/or using the Services, you represent and warrant that:
  • you fully understand and have experience of tokens, cryptocurrencies, NFTs, and any other digital assets, as well as of blockchain-based infrastructures and services; and
  • you fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, NFTs, and any other digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange).
  • Unless otherwise stated you will not, rent, lease, lend, sell, transfer, redistribute or sublicense our services or digital items or assets.
  • Unless otherwise stated you shall not make our services available over a network where it can be used by multiple devices at the same time.
By accessing and/or using the Site or Application, you acknowledge that, tokens, cryptocurrencies, NFTs, and any other digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site or Application in correlation with digital assets.
You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, NFTs, and any other digital assets, for which you are solely responsible and liable for.
You acknowledge and agree that NFT GAMES LLC does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token. If you are considering purchasing Tokens as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.
You acknowledge and agree that any digital asset distributed by NFT GAMES LLC does not have a promise or guarantee of value in any form.
Upon using our services you grant NFT GAMES LLC a royalty free, worldwide, non-exclusive, sublicensable right to use any content that you may create in connection with out services.
By accessing and/or using the Site or Application, you warrant that you are a bona fide user of NFT GAMES LLC services. By accessing NFT GAMES LLC via a wallet or account creation via NFT GAMES LLC, you confirm that you will not use NFT GAMES LLC services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:
  • Terrorist financing
  • Money laundering;
  • Illegal gambling
  • Distributing or funding drugs and drug paraphernalia;
  • Malicious hacking including payments for ransomware;
  • Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
  • Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;
  • Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
  • Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or Application or its users);
  • Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
  • Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on NFT GAMES LLC Platform and Services;
  • Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
  • Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
  • Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
  • Collecting or storing personal data about other users of the Platform; or
  • Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

8. Intellectual property, software and content

The intellectual property rights in all software and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trade marks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.
You grant to the Company a non-exclusive, irrevocable, global licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.

9. Disclaimer of liability

  1. 1.
    Subject to clause 13.4, any non-excludable consumer guarantees and other consumer protection provisions set out in the UAE's Consumer Law or equivalent consumer protection law, the material displayed on the App or through the Services is provided without any guarantees, conditions or warranties as to its accuracy.
  2. 2.
    Subject to clause 13.4, to the fullest extent permitted by law the Company hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, non-value or diminution in the value of tokens, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the App, the Services or the Linked Sites and any materials posted on those apps or sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  3. 3.
    This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
  4. 4.
    If the UAE's Consumer Law or any other legislation provides that there is a guarantee in respect of goods or services supplied, and the Company’s liability for failure to comply with that guarantee may not be excluded but may be limited, clauses 13.1 and 13.2 do not apply to that liability and instead the Company’s liability for such failure is limited to:
    1. 1.
      in the case of a supply of goods, the Company replacing the goods or supplying equivalent goods or repairing the goods; or
    2. 2.
      in the case of a supply of services, the Company supplying the services again or paying the cost of having the services supplied again.

10. Linking to the FatBoy website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The FatBoy website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured in the App are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the App are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.

12. Indemnity

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:
  1. 1.
    your use of the App or the Services;
  2. 2.
    any user content submitted by you or on your behalf;
  3. 3.
    any breach of these Terms of Use by you;
  4. 4.
    any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or
  5. 5.
    any unlawful or negligent act of you or anyone acting on your behalf.
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

13. Variation

The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.

14. Invalidity

If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

15. Force majeure

The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

16. Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.

17. Waiver

A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

18. Exclusion of third party rights

Except under clause 15, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.

19. Governing law and jurisdiction

These Terms of Use are governed by the law of United Arab Emirates and you agree to submit to the exclusive jurisdiction of the courts of United Arab Emirates.

20. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Last modified 1yr ago