1. ABOUT US

1.1. Welcome to Fantasy Virtual Sports B.V., a company registered in the Netherlands at Mussenstraat 15, 1223 RB Hilversum, under company number 23106054. In the following, "Fantasy Virtual Sports" will refer to Fantasy Virtual Sports B.V. and associated businesses. More contact details for FVS can be found here. The web and mobile games, and offered content, websites, and any connected services (including servers, software, and infrastructure) provided by Fantasy Virtual Sports (hereafter the "Service") are subject to these Terms of Use. The FVS Privacy Policy or the Mobile Apps Privacy Policy, which are each accessible here for web games and here for mobile games, respectively, and are incorporated herein by reference, also governs how the Service is used. See the list at www.FVSgames.com/about-us/channels-and-domains/ for a summary of the FVS websites. At any time, Fantasy Virtual Sports reserves the right to add or remove any websites from this list.

1.2. Before using the Service, carefully read these Terms of Use. You accept the application and contents of these Terms of Use as well as the applicable privacy policy by installing, using, or otherwise using the Service. These Terms of Use may be supplemented by additional terms and conditions from us or our suppliers, licensors, or other third parties found on specific pages or portals within the Service where you can download games or purchase in-game currency. You consent to abide by such extra terms and conditions by using those services. Do not use the Service if you disagree with the Terms of Use, the relevant Privacy Policy, or any other terms and restrictions.

2. REGISTRATION AND ACCOUNT

2.1. You are given a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service for your own personal, non-commercial entertainment as long as you continue to abide by these Terms of Use and any other applicable policies and terms and conditions. The limitations listed below apply to this license. You consent to use the Service only as intended.

On its websites and other platforms like app stores, Fantasy Virtual Sports provides a wide range of games. Unless otherwise stated, you can play these games for free. However, any expenses incurred while using the connection through a wireless or other communication connection are entirely your responsibility. You can buy a subscription to download a game or virtual goods (such as a virtual game element or virtual coins) in some games. Fantasy Virtual Sports may make use of third-party payment providers as outlined in Section 6 for the processing of any payments made on the FVS Sites or any other platform.

2.2. On the service, you can create an account ("Account"). By creating an Account, you represent that you are at least 16 years old.

2.3. A username is a special identifier that we, or you, choose to use to identify you on the Service. On the FVS Sites, you are only allowed to have one account. If you have several accounts, Fantasy Virtual Sports maintains the right to deactivate any of them. You are not permitted to use a false name or other information to register for an account on behalf of another person, sell, rent, or give away your account. In the event that your Account has been accessed without authorization, kindly let us know right once and change your login information. You are exclusively in charge of protecting the privacy of the login information and of any purchases made using your Account, whether or not you approved them. If you gave us your contact details, you must keep them current and accurate. Your Account may only be used for non-commercial reasons.

2.4.Fantasy Virtual Sports reserves the right to cancel and permanently deactivate your account after 180 days of inactivity. In the event that your (former) Account is deactivated, we are not bound to keep or provide any information or content related to it, or to reimburse any payments made using it. Additionally, we reserve the right to permit another user to register using your old login. Furthermore, we have no obligation to remove any information that you post on the Service or otherwise make publicly available.

2.5. Without limiting any other remedies, Fantasy Virtual Sports may restrict, suspend, terminate, modify, or delete accounts or access to the Service or portions thereof without prior notice if you are, or Fantasy Virtual Sports has reason to suspect that you are, failing to comply with the Terms of Use or for any actual or suspected illegal or improper use of the Service. This includes but is not limited to, any advantages, privileges, or virtual goods connected to your use of the Service. Fantasy Virtual Sports will not make up for any losses or consequences as a result.

3. USER-GENERATED CONTENT

3.1. Players' content ("User Generated Content"), such as messages, wall postings, commentary on opinions, photographs, or graphics, may be found on the Service. We do not actively participate in the creation or publication of any User Generated Content, we do not promote any User Generated Content, and we do not guarantee that such content is legal or does not (otherwise) violate the rights of third parties. The Service is used at the user's own risk. You run the risk of being exposed to obscene, lewd, or otherwise inappropriate User Generated Content by using the Service. Use of any User Generated Content made accessible in connection with the Service is at your own risk. Any User Generated Content is not the responsibility of or liability of Fantasy Virtual Sports. However, we would prefer it if you contacted support@FVSgames.com to report any issues you see with user-generated content. For further information about web games, visit this page, and for mobile games, visit this page. We may then take whatever further action we consider necessary in the circumstances to address the reported User Generated Content.

3.2. You give Fantasy Virtual Sports a non-exclusive, irrevocable, perpetual, transferable, fully paid-up license to use, publish, reproduce, distribute, modify, create derivative works of, or otherwise exploit in any way whatsoever any User Generated Content that you submit yourself, in any way and any form. This license includes the right to sublicense and assigns to third parties. To the extent authorized by relevant laws, you hereby waive any moral rights, publicity rights, or privacy rights you may have about such User Generated Content.

3.3. You may still assert ownership of your user-generated content, notwithstanding clause.

3.2. We reserve the right to monitor any User Generated Content and your activities about the Service, even though we are unable to monitor or prescreen all User Generated Content and make no attempt to do so. Any User Generated Content posted on the Service may, at any time, and for any reason, be modified, rejected for posting, or removed at our sole discretion. We are not required to do so, though.

3.4. To the extent that you provide any User Generated Content to the Service, you:

acknowledge and consent to the possibility of such User Generated Content being accessible to all Service users, and that Fantasy Virtual Sports has no control over that data or what users do with it.

Guarantee that the content does not violate any third-party rights, including but not limited to any intellectual property rights, and that you have the right to grant Fantasy Virtual Sports the license mentioned in section 3.2. You hold Fantasy Virtual Sports harmless from any claims made by third parties (including any authorities), as well as any associated expenses and losses in this regard.

3.5. Upon first request, you shall assist Fantasy Virtual Sports in its investigation of any alleged illegal, dishonest, or improper User Generated Content (perhaps created by you or another user), as well as any other possible activity on the Service. You hold Fantasy Virtual Sports and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claims, related costs, and damages resulting from or associated with any disputes that may exist between you and other Service users or third parties while using the Service.

4. ADVERTISEMENTS AND THIRD-PARTY CONTENT

4.1. When we give you our games over the Service, we might put advertising before, during, after, or nearby. You and the advertiser are solely responsible for any additional terms and conditions the advertiser may have, which may apply to any transactions you make with them through our Service. Any losses you could suffer or claims you might make against advertisers are not the responsibility of Fantasy Virtual Sports.

4.2. The Service may offer links to third party websites, including those that are shown as automated search results. Such links do not imply that we support the websites or services of third parties. You acknowledge and accept that any information or other items found on these third-party websites are not our responsibility or liability.

5. CONDUCT ON THE SERVICE

5.1. You are only permitted to use the service that is provided on it for authorized, non-commercial personal uses. If any content is offered for download, it may only be done so for personal use and not for further reproduction or distribution. Any download is subject to the policies associated with that specific material.

5.2. You may not:

engage in any behavior that Fantasy Virtual Sports judges to be at odds with the Service's spirit or objective.
use unlicensed third-party software intended to alter or interfere with the Service, such as mods, bots, automation tools, cheats, and exploits.
utilize the service outside of the scope of the licenses granted to you;
employ any robots, data mining, or other similar data-gathering and -extraction techniques on the content while using the service, or frame any part of the service.
without our prior written approval, duplicate, alter, display, translate, port, publish, (sub)license, transfer, or otherwise distribute or utilize the content made accessible through the Service;

Any attempt to extract the source code for any underlying software or other intellectual property utilized to deliver the Service, or to get any information from the Service using a technique not expressly authorized by Fantasy Virtual Sports, is prohibited. This includes attempting to reverse engineer, decompile, disassemble, decrypt, or otherwise derive the source code.
without first receiving our written consent, use the Service for any type of promotion or advertising;
give any fictitious personal information or any content, information, or material on behalf of a third party without authorization;
transmit any unsolicited mass communications (including emails and instant messages), whether directly or indirectly, using the Service;
use the service in a way that would harm, disable, or overtax our networks or systems;

Interfere with another party's use and enjoyment of the service, or get around any protections the service has in place to stop unauthorized copying or distribution of any material.

5.3. You are not allowed to upload or transmit any information, content, or other materials over the Service, and you are not allowed to do anything else that:
breaches or infringes upon the rights of third parties, particularly but not exclusively those that pertain to copyright, publicity, patents, trademarks, trade secrets, and other property rights;
is pornographic, torturous, contains explicit or graphic descriptions or accounts of sexual conduct, is illegal, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invades the privacy of another person;

a person or group of people is victimized, harassed, insulted, or threatened due to their race, gender, sexual orientation, or any other trait;
pretends to be another individual, including Fantasy Virtual Sports' employees and reps; contains computer viruses or any other code, files, or programs that hinder, limit, or impair the functionality of any software, hardware, or communication devices, or which in any other way enables unauthorized use of a computer or computer network;
encourages conduct that may be grounds for criminal or civil responsibility;
otherwise violates the Service's limitations, the specified guidelines, or these Terms of Use.

The right to judge what conduct contravenes these Terms of Use or is otherwise inconsistent with its spirit or intent is reserved by Fantasy Virtual Sports. As a result, Fantasy Virtual Sports retains the right to take the appropriate action, which may include closing your Account and forbidding you from ever again using the Service.

6. VIRTUAL ITEMS AND IN-GAME PURCHASES

6.1. You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items within some games on the Service, such as virtual game elements or virtual coins, game progress, or a subscription to (download) a game (collectively referred to as "Paid Services"), provided that you have registered an Account on the Service. There is no other way than through the Service to acquire Virtual Items from us or our authorized partners. Fantasy Virtual Sports reserves the right to manage, control, alter, delete, or change the price of virtual products and/or services at any time, with or without previous notice.

If Fantasy Virtual Sports exercises any such rights, Fantasy Virtual Sports shall not be liable to you or any third person. Virtual item transfers are banned unless specifically permitted by the Service. You may not sell, redeem, or otherwise transfer virtual products to anyone or anything, including but not limited to Fantasy Virtual Sports, another user, or any third party, unless expressly permitted in the Service.

You must engage in a contract with either Fantasy Virtual Sports or the applicable Payment Service Provider ("PSP") in order to make any purchases through the Service (the PSP you are making the purchase with will be evident on the payment page). You are liable as a parent or legal guardian for any payments made on the Service using a minor's credit card or another payment method (such as a phone, SMS, or Paypal).

6.1.1. If a PSP is involved in the agreement, Fantasy Virtual Sports will never be held accountable for the communications you have with that PSP. Instead, the privacy policy and/or other terms and conditions specific to that PSP will govern all information you transmit with that PSP. You agree to any terms and restrictions that such PSP may lay forth for such preapproved recurring payments, which some PSPs permit.

To be clear, Fantasy Virtual Sports is not now and never will be a party to your PSP contract. By utilizing a PSP to make payments on the Service, you hold Fantasy Virtual Sports harmless from any claims the PSP may make about returned funds or other issues arising from the non-performance of the payment. If you use a credit card to make a purchase, you can choose to use the 1-click payment option if it is provided by your credit card company. You accept the terms and restrictions imposed by the payment provider and the issuer of your credit card by enabling this option and using it. The use of this payment method is not subject to liability on the part of Fantasy Virtual Sports.

6.1.2. All information that you provide to us in connection with payments and the provision of services on the Service is governed by the applicable privacy policy of Fantasy Virtual Sports. You acknowledge that you are responsible for paying all applicable taxes and fees related to your Account or anybody using one that is registered to you.

6.2. If you acquire Paid Services through the Service, you will not be able to return any payments made since your usage of the service begins when it is supplied, regardless of when you first use virtual currency in a game.

6.3. Paid Services may be managed, regulated, controlled, altered, or eliminated at any time, with or without prior warning, by Fantasy Virtual Sports and/or its licensors. In this situation, FVS and/or its licensors are not responsible to you or any other person.

6.4. There is no entitlement to a refund once a payment has been made for a Paid Service via the Service. Fantasy Virtual Sports retains the right to delete and cancel all or a portion of the Paid Services you acquired through the Service in the following circumstances:

if, as mentioned in paragraph 2.4 above, have not used your Account for 180 days in a row;

subject to prior notification by Fantasy Virtual Sports to the extent that we cease to provide the content or Service to which the (balance of) the Paid Services relates;

you disregard these terms and conditions.

In this regard, there is no recourse to a refund or other compensation for unused Paid Services.

Your only option if a Paid Service is rendered inaccessible after a transaction but before the download is a refund of the purchase price for the inaccessible virtual good. Your only and exclusive recourse, as determined by Fantasy Virtual Sports, is either a replacement or a refund of the money paid if technical issues prevent or unreasonably delay the delivery of your virtual product.

As long as the goods and packaging are returned in their original condition within thirty (30) days after shipment to you, we will accept your return of non-virtual goods acquired through the Service (virtual goods, subscriptions, and gaming progress are examples of virtual goods). Physical products that we provide you come with a return permission form that you must include with any returns you send to us. Virtual goods cannot be returned or refunded, unless we decide to, at our sole and absolute discretion.

7. PROPRIETARY RIGHTS

7.1. The Service includes a variety of works, documents, and other items (collectively referred to as "Content") that were produced by Fantasy Virtual Sports and other parties. Logos, trademarks, look and feel, trade names, software, games, layouts, information, text, data, audio, video, photos, scripts, designs, graphics, button icons, instructions, and illustrations are all included in this, but they are not the only ones.

Unless otherwise stated in writing, Fantasy Virtual Sports or its licensors own, control, or have a license for all Content. All content is protected against unlawful use by copyright and/or other intellectual property laws. Without the full written consent of Fantasy Virtual Sports, you may not utilize the trademarks, logos, or designs. You consent to refrain from violating Fantasy Virtual Sports' or any other third party's intellectual property rights by copying, redistributing, publishing, or otherwise using any Content.

You acknowledge and agree that, despite anything to the contrary in this document, you will not own or otherwise possess any proprietary rights in the Account. All rights in and to the Account are owned by Fantasy Virtual Sports and will continue to be so.

7.2 We might make content available for you to download or use. Such Content shall be subject to the terms of the applicable license agreement. The following license, in addition to the other terms and conditions of these Terms of Use, shall govern your use of such Content if no license agreement has been provided to you with such Content. We thus give you a limited, personal, nonexclusive license to access and use the Content on one computer or device.

The Content is protected by copyright and other intellectual property laws and agreements and is owned by us or our licensors. It is prohibited to sell or distribute the Content once more. It is not permitted for you to use it or any of it in another product. Except as specifically permitted by law, you may not attempt to derive the source code of the software through reverse engineering, decompiling, or disassembling. The software may not be altered in any way, nor may you make any derivative works from it or take away any proprietary notices. You acknowledge that your use of the Content is subject to all applicable laws and regulations. Nothing in this section may be done with your consent or with the help of any third party. To enhance the functionality and performance of your version of the Content, we might check it automatically and update it. The material may be harmed and/or cease to function if you turn it off during an automated update or interfere in any other way with its installation.

7.3 Fantasy Virtual Sports may ask you to accept updates to the Content and the Service because the Service is always changing. Such an upgrade may occur both with and without notice.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 We provide the Service "AS IS," with all its shortcomings and restrictions. We and our licensors make no express warranties or assurances about the Service. Fantasy Virtual Sports is not obligated to help in any way. We and our suppliers disclaim, to the fullest extent permitted by law, any implied warranties that the Service will be accurate, reliable, marketable, timely, and of adequate quality. We don't guarantee that the Service will meet your expectations or be uninterrupted, error-free, dependable, or always available. We make no promises regarding the efficacy, accuracy, or suitability of the outcomes that may be attained through the use of the Service (including any support services). We cannot promise that you will be able to use or access the Service at specific times or locations (directly or via third-party networks). No information provided by a Fantasy Virtual Sports representative, whether written or oral, shall constitute a warranty. The Service reserves the right to discontinue or change any service or feature at any time and without prior notice. Additional consumer safeguards may be provided to you by local legislation, which FVS shall defend and which this contract cannot change.

8.2. You can end your usage of the Service at any time if you have a problem with us. The total amount of payments you paid to us in the six (6) months before the occurrence giving rise to the dispute shall in no case be more than our liability (or the liability of our parent company or our suppliers) for any claims relating to the use of the Service. You understand and agree that your only recourse (and Fantasy Virtual Sports' exclusive liability) for any disagreement with Fantasy Virtual Sports is to discontinue using the Service and deactivate your Account if you have not paid Fantasy Virtual Sports within such period. If any applicable law deems such remedies to be insufficient, Fantasy Virtual Sports' responsibility shall be restricted to the lesser of 500 Euros or the bare minimum amount necessary to comply with applicable law.

**IF YOU ACCESS OR USE THE SERVICE, EXERCISE ANY OF YOUR RIGHTS UNDER THESE TERMS OF USE, OR ENGAGE IN ANY OTHER ACTIVITY, FANTASY VIRTUAL SPORTS, ITS AFFILIATES, SUPPLIERS, AND LICENSEES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE CHARACTERIZED). Our liability (as well as the liability of our parent and suppliers) shall be restricted to the extent permitted by law in such countries, states, or jurisdictions because some of them do not permit the exclusion or the limitation of liability for consequential or incidental damages.

8.3. We can not promise that any Service will be suitable for use outside of the Netherlands or will be simple to access. You do so at your own risk and are in charge of adhering to all local regulations if you choose to access the Service from a location outside of the Netherlands.
The foregoing has no bearing on the indemnifications and liability limitations that are provided elsewhere in these terms and conditions.

8.4. If you believe that the Service is violating any of your copyrights or other intellectual property rights (collectively, "IP rights"), please notify us straight away. By doing so, you'll be able to:
the physical or digital signature of the IP right's owner, or the representative duly appointed by the owner.
a description of the allegedly violated IP right as well as the alleged infringing action. the name of the book in which the copyrighted work has been published, the URL of the website where it is posted, or, in the case of a registered brand name, a portion of the register proving the registry, to name a few.
a copy of the license that gives you permission to use and safeguard the intellectual property right if you are not the rightful owner.
identification of the URL or other precise place on this site where the allegedly illegal content is located; this information must be detailed enough for us to find the allegedly illegal content.
your name and your contact information.
a declaration from you that you really believe the disputed use is not permitted by the law, the copyright owner, or their representative.

9. INDEMNIFICATIONS

Fantasy Virtual Sports shall not be liable for any lost profits or other special, incidental, indirect, consequential, or punitive damages arising out of or related to this Agreement, except for, and without limiting, your full liability and indemnification obligations outlined in this Agreement.
You undertake to protect us, our parent company, and any other related companies, together with any of their officers, directors, employees, and agents, from any liabilities, claims, and costs, including legal fees, stemming from your use or abuse of the Service. We retain the right, at your expense, to take exclusive management and responsibility for the defense of any issue that would otherwise be subject to indemnification by you. You consent to work with us to raise any necessary defenses in this situation.

10. MISCELLANEOUS

10.1. This agreement replaces any previous written or verbal agreements and incorporates additional terms, restrictions, rules, and guidelines that are specified on the Service. If a particular provision is deemed invalid or unenforceable, the remaining provisions of these Terms of Use will still be valid and effective. They will be interpreted in accordance with applicable laws and, to the fullest extent permitted, with the parties intentions.

10.2. You consent to receive all necessary notices, agreements, and other information from us regarding the Service electronically. Please stop using the Service and/or delete it from your computer or device if you no longer wish to receive alerts electronically.

10.3. You shall be informed via the Service of any changes to these Terms of Use. The most recent version of these terms is always accessible through the Service. You are responsible for checking these Terms of Use frequently for revisions. If you continue to use the Service after the changed Terms of Use take effect, it will be assumed that you accept the updated conditions.

10.4. The laws of the Netherlands apply to these terms and conditions. Unless Fantasy Virtual Sports and/or another dispute forum have agreed otherwise or another dispute forum is permitted by mandatory consumer law, any claims or disputes related to these terms and conditions or the use of the Service will be brought before the appropriate court in Amsterdam, the Netherlands. If there is a disagreement between you and Fantasy Virtual Sports, we firmly advise you to attempt to resolve it by getting in touch with us first. By emailing support@FVSgames.com , you can reach us.

10.5. Without limiting the aforementioned, Fantasy Virtual Sports is not liable for any cessation, interruption, or delay in the performance of its obligations caused by events beyond its reasonable control, such as but not limited to earthquake, flood, or another natural disaster, the act of God, labor dispute, civil unrest, war (whether or not officially declared), or the inability to obtain sufficient supplies, transportation, or other necessary good or service.

10.6. You acknowledge that Fantasy Virtual Sports shall be entitled to injunctive or other equitable relief (without the need to post any bond, surety, or proof of damages) in the event of any breach or anticipated breach of the rights granted and obligations made under these Terms of Use, which are of a special and irreplaceable nature and whose loss would harm Fantasy Virtual Sports irreparably and which cannot be replaced by money damages alone.

By agreeing to these terms, you voluntarily and irrevocably waive any claims for injunctive or equitable relief, including restraining the operation of the Service or any FVS games, exploiting advertising or other materials associated with them, or exploiting the Service, its content, or any displayed materials. Additionally, you consent to limit your claims to financial damages for losses incurred.