The following terms and conditions, which include and hereby incorporate the Privacy Policy are a binding legal agreement between you and Fragment Digital d.o.o. its subsidiaries and affiliated companies (hereinafter “Fragment Digital” or “Us” or “We”) regarding your use of Fragment’s games, websites and related services (the “Service”).
Previous to using the Service, including browsing any Fragmet Digital’s website or accessing any Fragment Digital’s games, you must agree to these Terms of Service and the Privacy Policy.
Registering an account on the Service (an “Account”) may be required from you. By registering for an Account or otherwise using the Service, you confirm that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.
If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Fragment Digital policies, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license to access and use the Service for your own non-commercial entertainment purposes. Such license is subject to the limitations below and you agree not to use the Service for any other purpose.
Under no circumstance will you:
You shall protect your Account and Login Information by taking all necessary precautions to prevent anyone else from using them. That includes not sharing the Account or the Login Information and not letting anyone else access your Account.
If you become aware or reasonably suspectful of any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Fragment Digital and modify your Login Information. You are responsible for anything that happens through your Account and all uses of the Login Information, including purchases, whether or not authorized by you.
Fragment Digital reserves the right to remove or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
The Service supports only one Account per game on a supported device.
Without limiting any other remedies, we reserve the right to limit, modify, suspend, terminate or delete any Account or access to the Service, in whole or in part, in case of failure (or reasonable suspicion of such a case) to comply with any part of these Terms of Service, or for actual or suspected illegal or improper use of the Service, with or without notice to you. As a result of account limitation or termination, you may lose your username and persona, as well as any benefits, privileges earned items and purchased items associated with your use of the Service, and Fragment Digital will be under no obligation to compensate you for any such loss or result.
Without limiting any other remedies, Fragment Digital reserves the right to limit, modify, suspend, terminate or delete any Account or access to the Service, in whole or in part, as well as delay or remove hosted content and take any steps necessary to prevent your access to the Service in case of belief in the creation of risk or possible legal liabilities, infringement of intellectual property rights of third parties, or action inconsistent with the letter or spirit of our terms and policies.
Fragment Digital reserves the right to terminate any account that has been inactive for 180 days.
In the event of terminating your license to use the Service in whole or in part, as we reserve the right to stop offering and/or supporting the Service or a part of it at any time, Fragment Digital shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service in whole or in part, including any content you or others submitted.
Should you wish to terminate your Account at any time and for any reason, you may do so by following instructions provided on our support page (https://fragment.digital) informing Fragment Digital that you wish to terminate your Account.
The Services and all rights, title, and interest therein are and shall remain the property of Fragment Digital or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted in the section “Limited License” above; or (ii) to use or reference Fragment Digital or its licensors’ company name(s), logos, product and service names, or marks.
You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of fragment Digital.
We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (“User Content”). Your User Content remains your property. However, once you make User Content available on the Services, you thereby grant to Fragment Digital an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Fragment Digital the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Fragment Digital in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.
As a user, you are personally and solely responsible for all information you post and/or send, transmit, or provide to others in connection with our Services, including but not limited to User Content you post in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that your User Content is free of malware, viruses, adware, spyware, or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
User Content may be processed by us in accordance with our Privacy Policy. Please contact us if you have questions regarding your User Content or Account by either: (i) opening a help ticket directly in-game via the Help section; or (ii) emailing us at info@fragment.digital.
Any time you purchase virtual currency (including but not limited to virtual cash and other in-game premium currency), virtual in-game items, and any other premium goods or services in connection with our Services (collectively, “Virtual Items”) with real currency (i.e., real world money), Fragment Digital grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use such Virtual Items. All purchases and redemptions of such Virtual Items through our Services are final and non-refundable, unless otherwise determined by us. Fragment Digital may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice to you. Fragment Digital will have no liability to you or any third party in the event that Fragment Digital exercises any such rights.
Virtual Items have no real-world value. Other than as expressly authorized in our Services, you may not sell, redeem, or otherwise transfer Virtual Items to any person or entity, including but not limited to Fragment Digital, another user, or any third party.
You understand that use of the Services may result in charges to you, and you agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Payments will be enabled using the payment method associated with your Account. We may revise the pricing for the goods and services offered through our Services at any time. We may also from time to time provide certain users with offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or payments charged to your Account. If you choose to sign up for a subscription or VIP experience in connection with the Services, payments will be enabled in accordance with the terms displayed to you at the point of purchase, and available to you thereafter on the applicable Service(s). You acknowledge and agree that, except where otherwise provided under applicable law, we are under no obligation to provide you with a refund for any items (including Virtual Items) that are in your Account, for any reason, including but not limited to termination of your Account or when closing your Account, whether such actions are voluntary or involuntary.
If you choose to sign up for a subscription or VIP experience, you will be presented with subscription-specific terms at that time, describing if and when your subscription will automatically renew, for what period of time, and at what cost, and how to tell us to cancel it. Those terms will also explain how to cancel a subscription and the time period in which you should do so before you will be charged. Those terms will also be available to you after you sign up, including in-game through the Help settings.
You acknowledge and agree that the Service is an evolving one and as such, Fragment Digital may update the Service, with or without notifying you, as well as require that you accept updates to the Service and to Fragment Digital’s games you have installed on your device. You may need to update third party software from time to time to continue using the Service.
Without limiting fragment Digital’s liability under Section below (Limitation of Liability and Indemnification), the service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
Fragment Digital does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components.
Fragment Digital will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Fragment Digital has been advised of the possibility of such damages. Fragment Digital will not be liable to you for more than the amount you have paid to Fragment Digital in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Fragment Digital during such time period, your sole remedy (and Fragment Digital’s exclusive liability) for any dispute with Fragment Digital is to stop using the Services and to cancel your Account. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
To the extent that Fragment Digital may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Fragment Digital’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Fragment Digital. This provision shall have no effect on the choice of law provision set forth below.
You agree to indemnify, save, and hold Fragment Digital, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) your breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Services.
Should a dispute arise between you and Fragment Digital, it is strongly encouraged to first contact us directly in order to try and find resolution at info@fragment.digital
You agree that all disputes between you and Fragment Digital shall be governed by the laws of Croatia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fragment Digital must be resolved exclusively by a court located in Croatia.
You and Fragment Digital agree that if any portion of these Terms of Service or of the Fragment Digital Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Fragment Digital reserves the right to assign or delegate these Terms of Service and/or the Fragment Digital Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Fragment Digital’s prior written consent.
Fragment Digital may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Fragment Digital Privacy Policy), contain the entire understanding of you and Fragment Digital, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of Fragment Digital to require or enforce strict compliance by you with any provision of these Terms of Service or the Fragment Digital Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Fragment Digital’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Fragment Digital of any provision, condition, or requirement of these Terms of Service or the Fragment Digital it Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Fragment Digital shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Fragment Digital.
We may notify you via postings on https://fragment.digital and via e-mail or any other means of communication for which you provide information to us. All notices given by you or required from you under these Terms of Service, or the Fragment Digital Privacy Policy shall be in writing and addressed to: Fragment Digital d.o.o., Miroslava Krleže 38, 48000 Koprivnica, Croatia. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemic, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.