Mobile App End User License Agreement
1. Acceptance of the End User License Agreement
This Mobile App End User License Agreement and associated terms and conditions ("Agreement") is a binding agreement between you ("End User" or "you") and Hard Carry Gaming Inc. ("Company", “We” or “Us”).
This Agreement applies to your use of the Full Squad Gaming mobile app (the “Mobile App") owned and operated by the Company, and its affiliates including any content, functionality and services offered on or via the Mobile App, on the Apple App Store and Google Play Store. The Mobile App is licensed, not sold, to you.
Please read the Agreement carefully before you start using the Mobile App. By using the Mobile App you accept and agree to be bound and abide by the Agreement.
If you have any questions please contact us at Fsgstudios@fullsquadgaming.com.
2. Changes to the End User License Agreement and Terms and Conditions
We reserve the right to update the Mobile App and the Agreement from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the Mobile App following the publishing of an updated End User License Agreement means that you accept and agree to the changes.
3. Accessing the Mobile App, External Services, Security and Privacy
We are working hard on improving the Mobile App, but we can't guarantee that the Mobile App will be up and running at all times. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Mobile App is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Mobile App you may have to register by entering a unique username and choosing a password as part of our security procedures. Alternatively, you may be able to log in with your Apple account, Google Play account, or a number of social media accounts. You must treat such information as confidential, not disclosing it to any third party and only using the Mobile App in person. As an anti-spam precaution, a small number of features on the Mobile App may be limited to accounts that are verified as human.
It is a condition of your use of the Mobile App that all the information you provide on the Mobile App is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for Mobile Apps, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of this Agreement.
We cannot guarantee that all use will be secure. We also do not guarantee that the Mobile App or any content provided on the Mobile App is error free.
We may collect and use technical data, usage data, voice chat recordings or transcripts, and other User information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Mobile App. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. All data and information collected shall be further subject to our Privacy Policy.
The Mobile App may enable access to the Company’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. The Company is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Mobile App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by the Company or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of the Company or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Company is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Company reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
4. Intellectual Property Rights and Use Guidelines.
The Mobile App and its original content, features and functionality, are owned by the Company and are protected by US, Canadian, and European international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Mobile App itself.
For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Mobile App. For the purposes of these Terms of Service, Content also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, communicated, or posted on the Mobile App, or distributed publicly, by users, including, but not limited to, images, chats, profile avatars, and communications made through in-app voice chat (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You further represent that you have all rights associated with any Content you upload. You acknowledge that all Content, including User Content, accessed by you using the Mobile App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Mobile App is or will continue to be accurate.
By submitting public User Content through the Mobile App, publishing User Content publicly elsewhere, creating said content through interaction with the in-app voice chat feature, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Mobile App and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Mobile App (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Mobile App a non-exclusive, perpetual license to access your User Content through the Mobile App, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Mobile App. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all and (ii) to remove or block any Content from the Mobile App.
You are permitted to download, install, and use the Mobile App for your personal, non-commercial use, or legitimate business purposes, on a single mobile device, provided that your activities are lawful and in accordance with this Agreement. Prohibited uses include, but are not limited to, the following:
(a). Violation of laws and regulations;
(b). Hacking the Mobile App in any manner;
(c). Reproducing or copying the Mobile App except as expressly permitted under this Agreement;
(d). Modifying, translating, or otherwise creating derivative works or improvements, whether or not patentable, of the Mobile App;
(e). Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App, or any features or functionality of the Mobile App, to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time;
(f). Use any robot, spider, or other automatic device, process, or means to access the Mobile App for any purpose, including monitoring or copying any of the material on the Mobile App;
(g). Use any manual process to monitor or copy any of the material on the Mobile App, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
(h). Frame, mirror, or otherwise incorporate the Mobile App or any portion of the Mobile App as part of any other mobile application, website, or service;
(i). use the Mobile App in any manner that could disable, overburden, damage, or impair the Mobile App or interfere with any other party's use of the Mobile App;
(j). Violating the Content Standards set below.
No right, title or interest in or to the Mobile App or any content on the app is transferred to you, and all rights not expressly granted are reserved. Any use of the Mobile App not expressly permitted by this Agreement is a breach of these this Agreement and can lead to a permanent ban from the Mobile App.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Mobile App that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Mobile App or other products or services.
The Mobile App may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Mobile App.
5. User Contributions and Content Standards. Special Disclaimer for legal content.
The Mobile App may contain user generated content, and also may contain message boards, personal account pages, in-app voice chat features, forums or other interactive features that allow you to upload, post, submit, publish, display, communicate, or transmit to other Users, User Content or communications, on or through the Mobile App. All User Content and communications must be lawful, non-spam, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
(a). Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, hate speech, or otherwise objectionable.
(b). Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c). Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
(d). Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
(e). Not be likely to deceive any person.
(f). Not promote any illegal activity, or advocate, promote or assist any unlawful act.
(g). Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h). Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
(i). Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j). Not give the impression that they emanate from us or any other person or entity, if this is not the case.
(k). Not engage in the harassment of any individuals or be targeted to violate the spirit of these Content Standards as determined in the Company’s sole discretion.
As stated in Section 4, a violation of the Content Standards is a breach of this Agreement and the Company reserves the right to take any and all moderation action necessary, including permanently banning Users in breach of this Agreement.
6. Online Purchases and Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Mobile App, including in-app purchases. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.
7. Law and Copyright Infringement
It is the responsibility of the uploading user to ensure all User Content uploaded to the Mobile App, or otherwise publicly distributed, complies with the terms set forth in this Agreement. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless Company and its affiliates from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content displayed on the Mobile App violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
(a). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b). Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d). Information reasonably sufficient for us to contact you, such as email, address, telephone number.
(e). A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f). A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to Fsgstudios@fullsquadgaming.com.
8. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of the Mobile App is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOBILE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Mobile App shall be instituted exclusively in Los Angeles, California.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Company and govern your use of the Mobile App, superseding any prior agreements (including, but not limited to, any prior versions of the End User License Agreement). If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement shall continue in full force and effect.
11. Feedback
We welcome any comment, question and communication at Fsgstudios@fullsquadgaming.com.