Terms of Use

AGREEMENT AND SERVICES

These Terms of Use govern your use of all Frogwares websites and products offered by Frogwares Ireland. By participating in any Frogwares offering, you agree to be bound by these Terms of Use.

Without limiting the foregoing, your Frogwares account, if applicable, and participation in any Frogwares offerings are governed by these Terms of Use. Frogwares offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within each Frogwares offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any Frogwares offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within Frogwares website, these Terms of Use will control.

 

ACCOUNT REGISTRATION

If you create Frogwares account within Frogwares website, you must provide truthful and accurate information to us. If Frogwares has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Frogwares may suspend or terminate your ability to use or access our offering(s), and refuse any and all current or future use of or access to any or all Frogwares offerings. Frogwares requires all users to be over the age of thirteen (13).

Frogwares reserves the right to limit the number of accounts a user can establish to one. This limit may change over time in our sole discretion.

You are solely responsible for all activity on your Frogwares account and for the security of your computer system. You should not reveal your username or password to any other person. Frogwares will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Frogwares and its employees, contractors, representatives, vendors, and content providers harmless for any improper or illegal use of your Frogwares account. This includes illegal or improper use by someone to whom you have given permission to use your Frogwares account or whom you have negligently allowed to access your Frogwares account. Frogwares reserves the right to terminate your Frogwares account if any activity that occurs with respect to such account violates these Terms of Use.

 

ELECTRONIC COMMUNICATIONS

When you access Frogwares website, send e-mails or electronically chat with Frogwares, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in Frogwares website(s). You agree that all agreements, notices, disclosures and other communications that Frogwares provides to you electronically satisfy any legal requirement that such communications be in writing.

ONLINE CONTENT AND CONDUCT

The content within Frogwares offerings includes the software, communications, images, text, sounds, and all the material and information you encounter through Frogwares. You bear the risk of the completeness, accuracy or usefulness of any content found on Frogwares website.

Without limiting the scope of these Terms of Use, you agree to comply with any guidelines or other provisions described in our FAQ when you access any Frogwares offering. Inappropriate, obscene, defamatory or offensive language, crude or explicit sexual references, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within Frogwares. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, or posting to any forums or message boards.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within Frogwares forums, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Frogwares does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Frogwares offerings. Frogwares does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through Frogwares offerings. You agree to indemnify Frogwares and its employees from any liability or damages arising out of or resulting from any content you post or communicate on or through Frogwares website(s).

Without limiting the generality of these policies and standards, you understand that the following actions are examples of behavior that violate these Terms of Use and may result in your Frogwares account being immediately terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal
  • Harassing or threatening any other user of Frogwares or employee or contractor Impersonating another person, indicating that you are Frogwares employee or a representative of Frogwares (if you are not), or attempting to mislead users by indicating that you represent Frogwares in any way
  • Attempting to obtain a password, other account information, or other private information from any other user of Frogwares
  • Uploading any software, files or content to Frogwares that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, mass mailings and sending “spam”, or making any commercial use of our Frogwares offerings.
  • Improperly use any game support functions or complaint buttons, or make false complaints or other reports to Frogwares staff members.
  • Posting or communicating any player’s real-world personal information within Frogwares website(s) or any related bulletin board.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses Frogwares, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within Frogwares, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any Frogwares security feature or any feature that restricts or enforces limitations on use of or access to Frogwares.
  • Attempting to sell any part of Frogwares Product, your account and access to it in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that Frogwares deems to be in conflict with.

Public Nature of Communications

You acknowledge and agree that your communications with other users via forums or bulletin boards, or any other similar types of communication on or through Frogwares website(s), are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any Frogwares offering (other than with respect to the information you provide to us in establishing your Frogwares account, if applicable). You acknowledge that personal information that you communicate publicly within Frogwares forums may be seen and used by others and may result in unsolicited communications. Frogwares is not liable for any information that you choose to communicate to other users, or for the actions of any other Frogwares users.

You represent and warrant that you have all necessary rights in and to any materials that you post within Frogwares website(s), that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Frogwares and its employees for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Frogwares permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials, you expressly grant Frogwares the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.

Commercial Activity and Unsolicited E-mail

You may not use any portion of Frogwares offering to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Frogwares website(s), or otherwise exploit your participation on or through Frogwares for any commercial purpose.

Frogwares Software

We may require that you download software from Frogwares or its licensors onto your computer. Frogwares grants to you a non-exclusive, non-transferable, revocable, limited license to use the Frogwares Software. It is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of Frogwares Software.

NEITHER FROGWARES NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY Frogwares SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF FROGWARES SOFTWARE, RESIDES WITH YOU.

 

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Frogwares offerings, including Frogwares account you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

 

TERMINATION OF FROGWARES ACCOUNT

Frogwares and you each have the right to terminate or cancel your Frogwares account, if applicable, at any time for any reason. You understand and agree that cancellation of your account and/or ceasing use of Frogwares website(s) is your sole right and remedy with respect to any dispute with Frogwares. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Frogwares, including, without limitation, the Privacy Policy, or Frogwares enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through Frogwares website(s), or any change in or to such content, (c) your ability to access and/or use Frogwares website(s), or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Frogwares.

Frogwares reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In the event that your Frogwares account is terminated or cancelled, no refund will be granted, and you will have no further access to your account or anything associated with it. Without limiting the foregoing provisions, if you violate these Terms of Use, Frogwares may issue you a warning regarding the violation, or, in Frogwares sole discretion, immediately terminate your account that you have established with Frogwares, with or without notice.

 

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Frogwares are trademarks, registered trademarks or trade dress of Frogwares or its licensors in Ireland and/or other countries. Frogwares trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Frogwares, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Frogwares. The compilation of all content on Frogwares website(s) is the exclusive property of Frogwares and is protected by Irish and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from Frogwares unless we have expressly authorized you to do so in writing. You may not use any of Frogwares trademarks or trade dress in connection with any product or service that is not owned or operated by or on behalf of Frogwares, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Frogwares. All other trademarks not owned by Frogwares that appear on Frogwares website(s) are the property of their respective owners, who may or may not be affiliated with or connected to Frogwares. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on Frogwares website(s), you agree to indemnify and hold harmless Frogwares and its employees.

 

TERMS FOR MONETIZING OUR GAMES ON YOUTUBE

We are fine with YouTube monetization using recorded video material from our games as long as the video is somehow related to the game(s) in question (e.g. review, preview, a Let’s Play, or some other similar type).
Also, it is allowed to use the music from the games in connection with videos related to our games. However music used outside of videos of our games is not allowed.

If you have any questions, please contact us.

 

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY FROGWARES OFFERING, FROGWARES SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL FROGWARES OFFERINGS AND FROGWARES SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FROGWARES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FROGWARES OFFERINGS OR FROGWARES SOFTWARE AT TIMES OR LOCATIONS, OR THAT FROGWARES OFFERINGS, FROGWARES SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM FROGWARES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FROGWARES IS TO STOP USING FROGWARES OFFERINGS AND FROGWARES SOFTWARE, AND TO CANCEL YOUR FROGWARES ACCOUNT, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT FROGWARES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN FROGWARES WEBSITE(S) BY, ANY FROGWARES WEBSITE(S) USER. IN NO CASE SHALL FROGWARES OR ITS EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FROGWARES OFFERING OR FROGWARES SOFTWARE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FROGWARES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FROGWARES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF FROGWARES WEBSITE(S) AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING FROGWARES WEBSITE(S) AND FROGWARES SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Frogwares and its employees from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Frogwares website(s). Without limiting your indemnification obligations described herein, Frogwares reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Frogwares relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Frogwares respects the privacy of Frogwares website(s) users. Please review our Privacy Policy, which also governs your access to and use of Frogwares Website(s), to understand our policies and practices with respect your personal information.

APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of Ireland, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Frogwares based upon or in any manner related to any access or use by you of Frogwares, shall be in the courts located in Dublin, Ireland.

STATUTE OF LIMITATIONS

You and Frogwares agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Frogwares, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

CONTACT US

Frogwares Ireland LTD

Suite A, Ashtown Business Centre,

Navan Road, Dublin 15

Ireland