Falcon Game Studio - Terms of Service

1. About these Terms

Please read these Terms of Use (the "Terms") carefully. These Terms apply to your download, access and/or use of Falcon games, whether on your computer, on a mobile device, on our website https://falcongames.com (the "Website") or any other website, device or platform (each a "Game" and together the "Games"). These Terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, in-app purchases, community channels, contests, tournaments, and other websites that we may operate from time to time such as but not limited to https://falcongames.com/ (we refer to all our Games and other services collectively as the "Services" in these Terms). These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

1.1 If you do not agree to these Terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms needs any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.

1.2 These Terms represent a legal agreement between you and Falcon Game Studio. The parties intend that the Terms of this agreement inure to the benefit of Falcon’s Affiliates (as defined in paragraph 1.5 below).

1.3 By clicking "Accept" on the Game's pop-up screen, or installation page, Falcon’s webpage, or Falcon’s Community Forum (or where such button or a similar button is otherwise presented) or downloading, installing, accessing or using the Services, you confirm that:

1.3.1 you have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms; and

1.3.2 you are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorised to use the Service pursuant to these Terms.

1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN SECTION 21.

1.5 In these Terms references to "Falcon", "we", "us" and "our" are references to Falcon Game Studio as well as Falcon Game Studio’s Affiliates where appropriate. “Affiliate” means any entity controlling, controlled by or under common control with Falcon, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights

1.6 These Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, or Amazon App Store or the Microsoft Store), on any website or platform where you can play our Games such as facebook.com or https://falcongames.com/. You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy (see Section 13 below).

1.7 YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.

1.8 You can access the latest version of these Terms at any time at https://falcongames.com/policy/en/tos.html. We can make changes to these Terms at any time in accordance with Section 17, your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.

2. About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. See Section 8 below for more information.

3. Accounts and Gameplay

Your Account

3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us or another authorised third party hosting our Services ("Falcon Account"). If you do create a Falcon Account with us, you agree that you will take all steps necessary to protect your log in details and keep them secret. If you do not create a Falcon Account, your game play and any Virtual Content (as defined in Section 4) you have (where applicable) will not be accessible from any other device, and will not be restored to a different device if you lose, damage or change your device. Whether or not you create a Falcon Account, we will assign a unique game ID – either to your Falcon Account or to your device – to manage your game progress and data across the Services.

3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or Falcon Account.

3.3 In these Terms, references to "login details" or "Falcon Account" include your login details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your Falcon Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Falcon Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Falcon Account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your Falcon Account if no activity is conducted by you in relation to the Falcon Account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Content (as defined in Section 4) associated with that Falcon Account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your Falcon Account, or if we (or an authorised third party we work with) deletes your Falcon Account in accordance with these Terms, you may lose access to any data previously associated with your Falcon Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Content associated with your Falcon Account). We have no obligation to reinstate your Falcon Account or be liable for any loss of data if you delete your Falcon Account, or if we (or an authorised third party we work with) deletes your Falcon Account in accordance with these Terms.

3.8 Your Falcon Account is personal to you and you are not entitled to transfer your Falcon Account to any other person.

3.9 Your use of the Services is licenced, not sold, to you, and you acknowledge and agree that you will have no ownership or other property interest in any account that you create using any of our Services. To the fullest extent permissible by applicable law, we may, acting reasonably, suspend, terminate, modify, revoke access to, or delete any of these accounts (including, without limitation, for any breaches of these Terms or because provision of an online service ceases for economic reasons due to an insufficient number of users continuing to make use of the service over time). Subject to applicable law, we will provide notice where possible, although you acknowledge we may not always have your direct contact details to do so. No notice will be provided if you seriously violate these Terms. Serious violations are violations of important provisions which include paragraphs 4.1, 4.10, 5.4 and/or 5.5 of these Terms or repeated violations of other provisions of these Terms (including further non-compliance where you already have received a prior warning). In the event that we choose to cease providing a Game, or license to a third party the right to provide a Game, we will provide you with a reasonable prior notice, unless the discontinuance arises from a matter that is beyond our control or causes the provision of such advance notice not to be possible or feasible.

Gameplay, Tools and Support

3.10 When you use our Services, we may use tools such as AI, your gameplay information (such as your past scores, your country, the level you have reached in a Game, your purchase history, or any other gameplay activity) and/or your personal data to enhance our customer support and your in-game experience. For example, if you send us a query, we may use AI tools which take into account your query details, gameplay information and/or your personal data to offer you the most appropriate support experience. We may also use AI tools, your gameplay information and/or your personal data to personalise your experience of the Services by, for example, adjusting the game challenge to keep it fresh and exciting, and offering customised Services, in-game events, offers, promotions, and/or levels. For more information on how your personal data is processed, please see our Privacy Policy.

4. Virtual Content

4.1 Our Games may include virtual currencies such as gold bars and gems ("Virtual Money"), items or services for use within our Games ("Virtual Goods") or paid subscriptions for Virtual Money or Virtual Goods ("Subscriptions"). Virtual Goods, Virtual Money and Subscriptions will together be referred to in these Terms as "Virtual Content". To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased or otherwise obtained) Virtual Content is owned or licenced by us and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this Section 4, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.

4.2 You do not own Virtual Content but instead you purchase a limited personal revocable licence to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value. For avoidance of doubt, and with particular reference to Section 17500.6 of the California Business and Professions Code, references to “purchasing” or “buying” Virtual Content (or other words to that effect) in these Terms or in any Games refers to us providing you with a personal revocable licence to use the Virtual Content, and accordingly your access and use of the Virtual Content may be revoked, including without limitation for breach of these Terms (please see Section 7.1 below for more information).

4.3 Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

Virtual Money and Virtual Goods

4.4 You acknowledge that all sales of Virtual Money and/or Virtual Goods by us to you are, in principle, final and non-refundable. Notwithstanding the foregoing, if you are a consumer residing in the European Economic Area, you have the right to withdraw from your purchase within 14 days of conclusion of the contract and, where applicable, to rescind the purchase under the conditions that may have been established by the payment intermediary or merchant responsible for your purchase (e.g. Google, Apple, Appcharge). Under certain circumstances, however, your statutory right of withdrawal may expire early. For immediate access to Virtual Money and/or Virtual Goods, we may ask you to consent to the immediate performance of the contract and to confirm your knowledge that, in this case, you will lose your right of withdrawal upon performance of the contract.

Connecting your game play

4.5 Where applicable, if you do not connect your Game on a device to a Falcon Account, we will not be able to restore any Virtual Content, or other data associated with your Game to a different device if you lose, damage or change that device. Accordingly, on a device which is not connected to your Falcon Account:

any risk of loss of Virtual Content which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above;

any risk of loss of Virtual Content that you receive from us without making a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and

any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Game to a Falcon Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content which you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.

4.7 If you live in the European Economic Area and the United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where expressly requested by you. You agree that these invoices may be electronic in format.

4.8 We reserve the right to control, regulate, change or remove any Virtual Content at any time in order to, for example:

ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;

perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;

update or upgrade a Game including updating the structure, design, or layout of a Game;

balance, improve, update, or renew a Game;

ensure the security of a Game; and

combat illegal and/or harmful activities and the use of unauthorized programs or other activities which breach these Terms.

If you have an active Subscription such changes will only take effect following the end of the then-current Subscription period.

4.9 We may revise the pricing for Virtual Goods and Virtual Money at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don't cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you are resident in the European Economic Area, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.

4.10 We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services, and not in any other way.

4.11 Depending on your platform or method of purchase, any Virtual Content purchased may be subject to your platform provider's or relevant payment intermediary’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. For the Apple App Store, please review the Apple Media Services Terms and Conditions. For the Google Play Store, please review the Google Play Terms of Service. For purchases made through any other intermediary, please review the appropriate terms. If you are unsure about usage rights you should check with your platform, the relevant payment intermediary, or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

4.12 Without limiting paragraphs 3.7, 3.9, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms you may lose any Virtual Goods and/or Virtual Money that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

4.13 The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavour to fulfil your order immediately at the point of purchase.

Subscriptions

4.14 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period (subject to paragraph 4.15 below if you are resident in the European Economic Area).

4.15 For residents of the European Economic Area, if you have purchased a new Subscription, you have the right to withdraw from the purchase and the applicable purchase terms within fourteen (14) calendar days for any reason, subject to the below. This right of withdrawal does not apply to renewals of your existing Subscription. Your right of withdrawal starts from the day after your purchase of the Subscription. Instructions on how to exercise this right are set out at the end of these Terms in Appendix 1 (Section A: 'Information concerning the exercise of the right of withdrawal'). For residents of the United Kingdom and countries outside of the European Economic Area, when you purchase a Subscription from us and receive immediate access to it, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the purchase.

5. User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services. You must also comply with our Code of Conduct when you use our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate and complete at all times. To comply with local law, we may use information that we ask you to provide, such as your date of birth or age, to tailor your experience in our Games or other Services.

5.3 Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

5.4 You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way:

that is or could reasonably be viewed as unlawful, fraudulent, harmful, harassing, grooming, defamatory, libellous, obscene or otherwise objectionable;

that is or could be reasonably viewed as toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players;

that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;

that is likely to, or could reasonably be viewed as likely to incite, depict or promote violence, terrorist or other illegal activities or racial or ethnic hatred;

which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);

which infringes any intellectual property right or other proprietary right of others;

which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or

which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

5.5 You agree that you will not:

use our Services to harm anyone or to cause offence to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players (including, without limitation, engaging in toxic or abusive behaviour);

use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms;

exploit, in its entirety or individual components, the Services for any purpose not expressly authorised by us, including, without limitation:

playing the Game(s) at commercial establishments;

gathering in-game features or Virtual Content for sale/selling/exchanging outside of our Services;

performing in-game services including, without limitation, account boosting or power-levelling, in exchange for payment or otherwise;

communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Services; or

organising, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorisation.

share your Falcon Account or login information with anyone, unless these Terms allow it;

use another person or entity’s email address in order to sign up to use our Services;

use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);

disguise, anonymise or hide your IP address or the source of any Content that you may upload;

use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

remove or amend any proprietary notices or other ownership information from any part of our Services;

interfere with or disrupt our Services or servers or networks that provide our Services;

attempt to modify, decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms));

sell, transfer or try to sell or transfer a Falcon Account or any part of a Falcon Account, any in-game features, or any Virtual Content (including, without limitation, any sale of Virtual Money and/or Virtual Goods for real money or for other value outside of the relevant Game);

disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;

disobey any requirements or regulations of any network connected to our Services;

use our Services in violation of any applicable law or regulation;

use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;

be abusive, aggressive, demeaning or conduct offensive behaviour towards Falcon’s customer service representatives by any means like chat, email, phone or any other means of communication; or

use our Services in any other way not permitted by these Terms.

You acknowledge that we may use your gameplay information and/or your personal data to monitor, detect, investigate, and enforce compliance with Section 5.4, 5.5, and other provisions of these Terms. This includes, without limitation, identifying activities such as abusive behaviour, exploitation of game mechanics, or any behaviour that violates applicable laws and regulations. For more information on how we use your personal data, please see our Privacy Policy.

5.6 While we take steps to moderate Content on our Services, we do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Excluding residents of the United Kingdom or the European Economic Area, and to the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

5.7 If you are concerned that someone else is not complying with any part of these Terms or the Code of Conduct or you believe you have been exposed to inappropriate Content, please contact us here: support@falcongames.com

5.8 We take the following steps to help keep our Services safe and fun for our players:

We use appropriate tools and procedures to proactively monitor Content across our Services. For example, we use automated content filters to exclude content that is illegal, harmful or otherwise not permitted by these Terms, and Falcon’s Community forums are proactively monitored by human moderators.

We provide reporting functionality in our Services where relevant, enabling players to report inappropriate Content to us. You may always report inappropriate Content as described in Section 5.7.

We take timely action on reports from players about inappropriate Content across our Services (such as usernames, profile photos, in-game chat messages, and Falcon’s Community forum posts). For more information on how we moderate Content in Falcon’s Community and review reports from players.

5.9 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute.

5.10 You are solely responsible for your interactions with other users of our Services. To the fullest extent permitted under applicable law, you agree that you will not hold Falcon liable for any loss or damage arising from the Content (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.

5.11 Use of the Services: You may only use our Services and any materials found in them (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with these Terms and you agree to comply with these Terms at all times. Falcon grants you a non-exclusive, non-transferable licence, to access and use the Services for your personal use only, unless we expressly state otherwise in writing. Such licence is subject to these Terms and does not include: (a) any commercial use of the Services, or the Materials therein; (b) the distribution, public performance, public display, maFalcon publicly available, or other unauthorised exploitation of any Materials; (c) modifying or otherwise maFalcon any derivative uses of the Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorised herein, without the prior written permission of Falcon, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any licence to intellectual property rights. Falcon may, subject to applicable laws and acting reasonably, revoke this licence at any time (including, but not limited to, for any breach of these Terms). All right, title and interest in and to the Services, the Materials and all associated proprietary rights are owned by Falcon or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of these Terms or Falcon’s permitting you to use the Services. Falcon reserves all rights in and to the Materials not expressly granted herein.

6. Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

6.1.1 choose to play against another user or to play socially with another user whom Falcon selects for you, or

6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Falcon selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be used and displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our Games or within our marketing. You also understand that other users may find you by searching for you with your email address, only if another user already knows your email address to search for you. Please note that we will only show your display name publicly, and not your email address. For more information, please read our Privacy Policy.

Chat

6.4 Some of our Games may include functionality that may allow you to communicate in text with other users. You may be able to chat with other players, send messages to Falcon customer services or post publicly on our forums. You acknowledge and agree that you have no expectation of privacy regarding those communications. Because text chat and forum posts may be viewed by others, you should only share content that you are comfortable sharing publicly.

7 Your breach of these Terms

7.1 Without limiting any other remedies or any other Section of these Terms, if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

delete, suspend and/or modify your Falcon Account, parts of your account and/or access to our Games;

otherwise suspend and/or terminate your access to our Services;

correct, modify and/or remove any Virtual Content (including but not limited to Virtual Goods or Virtual Money) or game features that may be associated with your account;

correct, reset and/or modify any game progression, game features or benefits and privileges associated with your account, such as any level, leaderboard position, or score you have reached in our Games

We may terminate the licence granted to you under these Terms and/or suspend, modify, or delete your account at any time without giving you any prior notice if you materially breach our Terms. Without limitation, any breaches of paragraphs 4.1, 4.10, 5.4 or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to applicable law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you and/or as required to enforce these Terms.

7.3 If you think that a decision to suspend, modify or delete your account was taken wrongly, please contact us at support@falcongames.com. We will restore any Virtual Content and/or game features if we have good cause to believe our actions were not sufficiently justified.

We will notify you if we decide to terminate or suspend any licence we have granted to you under these Terms, unless: we are reasonably unable to notify you due to technical limitations (for example, we do not have your direct contact details); we are terminating or suspending it to comply with a legal obligation which does not include a prior notice obligation; notification is not possible due to a legal obligation to take immediate action; or if we reasonably believe that providing notice is likely to materially harm a third party.

8. Availability of the Services

8.1 For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

8.2 For residents outside the United States and the European Economic Area: We do not guarantee that any of our Services will be available or error-free at all times or at any given time but we will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Content or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. If such circumstances result in material and significant degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. Notwithstanding the foregoing, we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. You also acknowledge and agree that we are not liable for any errors relating to Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party).We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

8.3 For residents in the European Economic Area: Notwithstanding the fact that we do not guarantee that any of our Services will be available, uninterrupted, or error-free at all times or at any given time, and you agree that we are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control, your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of these Terms with you. Under this legal guarantee, we will be liable for lack of conformity of the Games and/or Virtual Content and you may have a right under your local laws to: (a) have the Games and/or Virtual Content brought back into conformity; or (b) a proportionate refund and/or termination of these Terms (or the applicable purchase terms if you've purchased the Games and/or Virtual Content from a third party). Other than this legal guarantee and to the fullest extent permitted by applicable law, no other warranties of any kind, express or implied, are included as part of these Terms. If you are resident in France, the Terms in Appendix 1 (Section C) apply to your statutory guarantee. To the fullest extent permissible under applicable law, you also acknowledge and agree that we are not liable for any errors relating to any Services which are provided wholly by a third party (for example, a community channel hosted and operated by a third party). We may change and update our Services in whole and in part, in order to, for example (without limitation):

ensure compliance with applicable laws and/or reflect change in relevant laws and regulatory requirements;

perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;

update or upgrade our Services including updating the structure, design, or layout of our Services;

release new Services, end support for older Services, or close down certain Services if we have good reason to do so;

balance, maintain, improve, update, or renew a Service;

ensure the security of our Services; and

to combat illegal and/or harmful activities, including the use of unauthorised programs or other activities which breach these Terms.

Unless otherwise required by applicable laws and provided that any such updates do not result in material derogation in the functionality of the Services, you grant us consent to deploy and apply such patches, updates, and modifications and we may update the Services remotely without notifying you. If any updates to our Services result in a negative impact to your access or use of the Services in a more than minor way, we will give you notice of such changes. If you don't agree to the changes, you will be able to terminate these Terms within 30 days from the date of any notice we provide, or 30 days from when the change comes into effect, whichever is later. If you are resident in Germany, we will give you at least six (6) weeks' notice of such changes, and you will have 30 days from our notice of the change or from when the change comes into effect (whichever is later) to reject the changes and terminate these Terms. For residents in the European Economic Area, you may also be able to receive a proportionate refund for aspects of the Services, such as Subscriptions, paid for but not received. Please contact us at support@falcongames.com for more information. If you do not object to the changes or terminate these Terms within the stated time limit, we will take that as your acceptance of the changes. For avoidance of doubt, nothing in these Terms will preclude us from discontinuing the Services or any part of them, provided that we provide sufficient notice to you as required by applicable laws.

9. For residents in the United States - Limitation of Liability and Indemnity

9.1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE "AS IS" AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FALCON NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER ANY THEORY OF LIABILITY WILL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENCE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

9.2 Indemnification: YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FALCON, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMAND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR VIOLATION OF RULES FOR OUR GAMES, COMPETITIONS, OR TOURNAMENTS, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR ANY ACTION BY YOU THAT REQUIRES ENFORCEMENT OF THESE TERMS. NOTHING IN THESE TERMS WILL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. YOU FURTHER AGREE THAT YOU WILL NOT SUE OR RECOVER ANY DAMAGES FROM FALCON, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNER, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FALCON’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

10. For residents outside the United States - Limitation of Liability

10.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.

10.2 We are not responsible for:

losses or harm not caused by our breach of these Terms or negligence;

losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services; any loss or damage, or any increase in loss or damage resulting from breach by you of any of these Terms;

any use by you of the Services which isn't authorised by us under these Terms;

any lack of functionality or failure to provide any part of the Services that is due to:

malfunctions or faults in your chosen equipment, devices, operating system, or internet connection (including malware, viruses or bugs originating from third parties or any of your devices); or

your failure to download or install any update or the most recent published version of any Service in order to benefit from updated functionality or to meet compatibility requirements, where we have informed you of the update, explained the consequences of failing to install the update, and provided installation instructions;

any lack of functionality or incompatibility where your chosen equipment, devices, operating system or internet connection does not meet the specific requirements provided by us; or

technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to paragraph 10.2) in any period of twelve months, to the fullest extent permitted under applicable law, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these Terms up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these Terms.

10.4 Subject to applicable law and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services. Any additional legal rights, such as any applicable statutory rights of legal conformity (for example, see paragraph 8.3 above) which you may have as a consumer, remain unaffected by these Terms.

11. Intellectual Property

11.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

11.2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use our Services for anything else. We do not permit bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with our Services. These Terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch will be deemed part of the Services for the purposes of these Terms.

11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENCE GRANTED TO YOU BY THESE TERMS, YOU WILL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY FALCON ACCOUNTS OR ANY VIRTUAL CONTENT. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

11.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Content, whether on a free of charge basis or otherwise.

11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

are representing that you are fully entitled to do so;

represent and warrant that you are fully able to grant the licences set out in this paragraph 11.5;

represent and warrant that the Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party;

grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and licence to exploit the Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised;

grant us the unlimited right to edit, adapt, translate, reformat, manufacture, rearrange and transpose, distribute, sell, sub-licence, transmit, provide access to, publish and use the Content you submitted, any derivative works we may create from it and any elements contained therein, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;

acknowledge that you may have what are known as moral rights in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. To the maximum extent permitted by applicable law, you agree to waive any such moral rights you may have in the Content or, if a waiver is not possible under applicable law, not to assert such moral rights; and

agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

11.6. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights in the Content have been infringed by another user of our Services, and the infringed Content is hosted on our Services that are under our direct control, you may contact us by emailing the following information to support@falcongames.com with:

a description of the intellectual property rights and an explanation as to how they have been infringed;

a description of where the infringing material is located; your address, phone number and email address;

a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and

a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.

11.7 For avoidance of doubt and without prejudice to the remainder of this Section 11, in the event you upload or otherwise transmit to us any Content that contains concepts, ideas, or feedback relating to any Game and/or our Services ("Feedback"), you will not be entitled to any compensation for any such Feedback, and we may freely use any such Feedback in any manner we deem appropriate. In addition, any Feedback by you will not create any contractual relationship between us. Except to the extent that any such waiver is prohibited by applicable law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world or, in the event that a waiver is not possible under applicable law, you agree not to assert such moral rights.

12. For residents in the United States - U.S. GOVERNMENT RESTRICTED RIGHTS

12.1 Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Falcon Game Studio

13. Privacy

13.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Falcon Game Studio.

13.2 Falcon Game Studio collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not wish to accept our Privacy Policy, you should not download or access our Games or otherwise access and/or use our Services.

14. Links

14.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their Privacy Policy (if any) and our own Privacy Policy does not apply in relation to that data.

15. Transferring these Terms

15.1 To the fullest extent permissible under applicable law, we may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.

16. Entire Agreement

16.1 These Terms, all terms incorporated into these Terms (such as Falcon’s Privacy Policy), and any other terms as agreed between you and Falcon (for example, any rules we create that govern in-game competitions or tournaments) together set out the entire agreement between you and us concerning our Services (as defined in Section 1) and they supersede, replace and extinguish all earlier agreements and understandings between you and us. You acknowledge that Falcon and its Affiliates have not made any actual or implied promise, representation, or warranty whatsoever, and acknowledge that you have not agreed to these Terms, played Falcon’s games, played in Falcon’s competitions or tournaments, obtained Virtual Content, or accepted Falcon’s Services in reliance upon any such promise, representation or warranty, that is not expressly contained herein.

17. Changes to these Terms

17.1 You can find these Terms at any time by visiting: https://falcongames.com/policy/en/tos.html

17.2 Without affecting paragraph 17.3 below, we reserve the right to update these Terms from time to time by posting the updated version at that address (and where these updates affect you, with reasonable notice to you, as required under applicable law). We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. Your continued use of our Services will mean that you accept the amended Terms. You agree that if you do not accept any amendment to our Terms then you must immediately stop accessing and/or using our Services.

17.3 If you are resident in Germany, we may from time to time modify or change these Terms, if there is good reason for the change (such as compliance with legal requirements, minor clarifications to existing Terms, to provide further information on issues that were unforeseeable at the time you entered into these Terms, or to improve how we deliver the Services to you) and the changes reasonably take into account the interests of both parties, but we will not change our main obligations to you. Where any changes affect you, we will notify you of any changes by providing you with a notice. To the maximum extent permitted by local law, if you do not object to the amended Terms within six (6) weeks following the notice, your continued use of our Services will mean that you accept the amended Terms.

18. Severability

18.1 If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms will remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part will be deemed deleted from these Terms without affecting the remaining provisions of these Terms.

19. Waivers of our rights

19.1 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights will only be effective if it is in writing and signed by us.

20. Complaints and Dispute Resolution

20.1. Most issues can be resolved quickly by contacting Falcon through our support team at: support@falcongames.com.

20.2. In the unlikely event that Falcon is unable to resolve a concern to the User’s satisfaction, and the User wishes to pursue legal action against Falcon, the provisions set out in Section 21 below shall apply.

21. Governing Law and Jurisdiction

Our Games and other Services are provided subject to these Terms. This section explains which laws apply to these Terms.

21.1. Except as set out in Sections 22.1 and 22.2 below, and unless the laws of the country in which you reside provide otherwise, these Terms shall be governed by and construed in accordance with the laws of Singapore, and such laws shall apply to any claims arising out of or in connection with these Terms. Any dispute between you and us relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Singapore, unless the laws of your country of residence permit you to bring such dispute before the courts of that country.

If you are a resident of a member state of the European Union (EU), you will continue to benefit from any mandatory consumer protection provisions of the laws of the EU member state in which you reside.

22. Additional Provisions for Certain Jurisdictions

22.1. United States Residents: The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. To the fullest extent permitted by applicable law, you and Falcon agree to waive any right to participate in class actions, class arbitrations, representative actions, private attorney general actions, or any other proceedings in which either party acts in a representative capacity for others. Each dispute shall be resolved solely on an individual basis between Falcon and the relevant User.

22.2. Export Controls and Sanctions

You understand and agree that our Website, Games and other Services may not be used, accessed, downloaded, exported, re-exported or transferred in violation of applicable export control, economic sanctions or import laws and regulations, including without limitation the U.S. Export Administration Regulations (EAR) and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

You represent and warrant that:

You are not subject to U.S. sanctions or export restrictions and are legally eligible to use our Website, Games and other Services under applicable law;

You are not located in, resident in, or ordinarily resident in any country or region subject to comprehensive or near-comprehensive U.S. sanctions or embargoes, unless your use of the Website, Games and other Services in such country or region is permitted under U.S. law;

You are not an official, employee, agent, contractor of, or otherwise directly or indirectly acting for or on behalf of, any government (including any governmental subdivision, agency or instrumentality, or any entity owned or controlled by the foregoing) or any political party (for example, the Cuban Communist Party or the Workers’ Party of Korea) subject to U.S. sanctions, or any entity located in an embargoed country or region; and

You will not use our Website, Games or other Services for any end use prohibited by U.S. law.

23. Questions About These Terms

23.1. If you have any questions regarding these Terms or our Services, you may contact us via: support@falcongames.com.

23.2. To the maximum extent permitted by applicable law, Falcon shall have the final and binding right to interpret, apply and enforce these Terms in all cases. Any interpretation or application of these Terms by Falcon shall be deemed valid and effective unless determined otherwise by a competent authority in accordance with mandatory provisions of applicable law.

These Terms were last updated on 28 March 2023.