These Terms of Use (“Terms”) constitute a binding legal agreement between FOUNTAINHEAD GAMES GmbH and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (collectively “FOUNTAINHEAD GAMES GmbH” “we”, “our”, or “us”) and you (“you” “your”). By using the Service (defined below), you acknowledge that you have read, understood, and agreed to these Terms. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. By registering an Account, a or accessing or using our applications or games (“Service”) you agree that you have read, understand, accept and agree to be bound by these Terms, our Privacy Policy (“Privacy Policy”), as well as any applicable Promotion Rules (“Rules”), each incorporated herein by reference. If you do not agree to be bound by these Terms, Privacy Policy, or Rules you may not use the Service.
We reserve the right to revise or modify these Terms at any time in our sole discretion. Any changes to the Terms will be posted on our website or within the Services. You are responsible for regularly reviewing the Terms for any updates or modifications. Your continued use of our Services after any changes to the Terms constitutes your acceptance of those modified Terms. If you do not agree with or do not understand any updated Terms, you must discontinue using our Services immediately.
If you violate the Terms, we reserve the right to warn you of the violation or to immediately terminate or suspend your Account. You agree that we are not required to notify you before terminating or suspending your Account, and we may do so in our sole and absolute discretion.
Our Services consists of making various games and applications available through a unified platform, and the platform’s content will necessarily change as games and/or applications are added and removed. You agree that we may also modify any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, as determined by us. Any such change or deletion shall not give rise to any liability to you.
The Service is intended for use only by persons 18 years of age or older and for entertainment purposes only. By using the Service, you represent that you are either 18 years of age or older, or if you are between 13 and 18 years of age, that your parent or guardian has read and agrees to these Terms.
Our Service includes an online arena for mobile gaming challenges, Cash-Games and Cash-Tournaments using applications, tools and services that we provide through a single platform. Certain features and contests may require you to register with us and create an Account by providing us with certain information about yourself.
All contests and tournaments offered through our Service are games of skill. All participants use the skills and knowledge relevant to the particular contest to accumulate the winning score or points applicable rules accordingly. Winners will be determined solely on the basis of the objective criteria described in the rules, scoring and any other applicable documentation related to the contests. All contests are hosted online, with the Service's algorithm ensuring that you are assigned opponents that match you based on an evaluation of your past performance. In order to ensure that all games and contests are decided according to your individual skills and knowledge, you agree to familiarize yourself with the rules of the game before using the Service.
For contests that are not Cash-Games or Cash-Tournaments (“Free-Games”), a participation fee is charged in Virtual Goods. The winner will be given the prize determined before the start of the game, also consisting of Virtual Goods. Contests that are not Cash-Games or Cash-Tournaments will be held in 1:1 format only.
Players can also, if they pay a predetermined participation fee in real money beforehand, compete against each other for prize money that is also paid out in real money. Here it is possible to compete in a 1:1 format (“Cash-Games”) or against a large number of opponents (“Cash-Tournaments”). In Cash-Tournaments, an algorithm determines which player will receive which share of the prize money, depending on their performance and the number of tournament participants.
There is no requirement to register with a user account (“Account”) to access the Service. When you first visit the App, regardless of whether you create an Account, you will receive a starting balance of “Diamonds”, which are Virtual Goods . You can spend these on the participation fee in Free-Games in order to collect more Virtual Goods through winning. You do need an Account to participate in Cash-Games, Cash-Tournaments, or to buy Virtual Goods.
When creating Account, you are required to create a password and a unique username and provide contact information, such as your name, phone number, and email address, payment and billing information and any other information we may request on the registration form. You may allow us to access your Account information through a social networking service (“Login Information”). The following rules apply to the security of your Account and Login Information. For purposes of these Terms, references to Account and Login Information include any account information, including usernames, passwords, or security questions, whether or not created for use in accessing the Service (e.g., account information for an account on a social networking service from which the Service is accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account, or the Service through your Account or do anything else that might jeopardize the security of your Account. We will not ask you to disclose your password, nor will it contact you for answers to your password security questions;
If you learn of or reasonably suspect any breach of security, including but not limited to loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us at ____________ and change your Login Information;
You are solely responsible for maintaining the confidentiality of your Login Information, and you are responsible for all uses of your Login Information, including purchases, whether or not authorized by you; You therefore acknowledge that your Account may be terminated if another person uses it for activities that violate these Terms or are otherwise inappropriate or illegal.
We reserve the right to remove or reclaim user names at any time, including but not limited to claims by a third party that a user name violates the third party’s rights. You acknowledge that your user ID number, name and profile picture are publicly available and that search engines may index your name and profile picture.
Any personal information you provide to us when you create or update your Account, including your name, date of birth, e-mail address, mobile phone number and, in some cases, payment information, will be stored and used in accordance with our Privacy Policy. You agree that you will provide us with accurate and complete information and that you will promptly update this information if it changes.
We reserve the right to take measures to verify your identity and the accuracy of the information on file in your Account in order to prevent abuse and Account use by others, especially minors. In this context, you may be required to provide the following evidence by submitting appropriate documentation:
We may request that document copies are notarized by a Notary Public.
You agree to promptly update the “Login Information” to keep it accurate, current and complete, to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us, either at the time you register for an Account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers of age verification and identification services to verify your Account, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations, and to ensure that no improper or illegal activity is or has taken place.
We may publish data relating to the most successful users in the games as well as winners of Cash-Games or Cash-Competitions in our sole discretion, and as required by law. Publishing data relating to the most successful users will vary according to categories of users and statistics. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be viewable by all users of the game . For confidential and secure sharing of personal information with third party vendors as part of this identification process, please refer to the terms of the Privacy Policy.
In the event that we determine that your Account has been involved in any illegal or improper activity, we reserve the right to terminate your Account without notice or liability.
Using the Service requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device to make the Services available, such as hardware system profile data, internet connection data and any other data related to the operation of the Service from any device that logs onto the Service using your Account.
We do not warrant that our Service will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Service, as updated from time to time.
By accessing and/or otherwise using the Service, you represent and warrant that you
If you do not meet all of these eligibility requirements, you are not permitted to access and/or use the Service, and agree that you will not do so and that we may suspend or close your Account with or without notice.
By making a deposit or entering a Cash-Games or Cash-Tournaments, you further represent that you are not subject to backup withholding tax because:
Subject to your consent and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Service. Your use of the Service is solely for your own personal, non-commercial entertainment purposes and for no other purpose. You hereby acknowledge that your license to use the Service is limited by these Terms, and that your license to use the Service will terminate immediately upon your breach or if at any time you do not agree to our then-current Terms. If this happens, you must immediately cease using the Service.
If the Service, or any part thereof, is determined to be illegal under the laws of the country in which you are located, you will not be granted a license to use the Service, and you must cease using the Service. You are solely responsible for your compliance with all applicable laws. Access to competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. The Service and such competitions are void where prohibited or restricted by applicable law. Your participation in competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Service. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Service, nor shall any person affiliated, or claiming affiliation with us, have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Service, and we may block access from any prohibited jurisdiction.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change and prohibit the use of the Service by anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the United States government.
We may deny access to the Service or terminate your Account without notice in our sole discretion and without cause. Causes for termination may include, but is not limited to, any suspected breach of these Terms, any illegal or improper use of your Account, or any illegal or improper use of the Service, User Content, FOUNTAINHEAD GAMES GmbH products or intellectual property. You may lose your username and persona as a result of Account Termination without us being liable for any damages that may result. If you have more than one Account, we may terminate all of your Accounts.
In addition, we may automatically remove, revoke or seize any benefits associated with your Account. “Benefits” are licensed rights granted, awarded, gifted, made available to and/or purchased by you to access and/or use online or offline elements or features of the Service and/or products, and include, but are not limited to, paid and free downloadable content, Virtual Goods, unlockable content, usage rights tied to unlock keys or codes, serial codes and/or online authentications of any kind, and in-game achievements. If your Account or a particular subscription to the Service associated with your Account is terminated or suspended and/or if Benefits are selectively removed from your Account, revoked or seized, no refund will be issued, no Benefits will be credited to you or converted into cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that we have no obligation to notify you before suspending or terminating your Account or selectively removing, revoking or reducing Benefits associated with your Account. In the event we terminate your Account, you may no longer participate in the Service without our express written permission. We reserve the right to refuse to permit any person to maintain an Account or access the Service or any other services. You may not allow persons whose Accounts have been terminated by us to use your Account. If you believe your Account has been erroneously suspended, please contact us at: support@konnen.app.
Any data, text, graphics, photographs or other content, and the selection and arrangement thereof, uploaded to the Service by a user (“User Content”), and that you post through the Service and is created through the use of technology and tools provided by us. Any User Content, whether in whole or in part, is subject to our right of use. By uploading or sharing any User Content, you represent and warrant that you have, and you agree to grant us, all rights necessary to expressly grant to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of, all such User Content and without limitation any name, voice, image are/or likeness as contained in the User Content, in whole or in part, in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and our businesses.
You agree that you are posting such User Content voluntarily and represent that you own such User Content, that you have all rights to post such User Content, and that your posting of such User Content complies with all applicable laws. You understand and agree that you may not distribute, sell, transmit or license this User Content and/or application in any manner, country, social network or other medium without ourprior express written permission.. You grant us the right to act as an agent on your behalf as operator of the Service.
You are solely responsible for any text, graphics, photographs, files or other User Content you upload and agree that you may be held liable for any User Content you upload. We are not responsible for any of the User Content. This includes, but is not limited to, any errors in User Content or any loss or damage caused by the use of User Content, or any failure or delay in removing User Content. The User Content, which may include our proprietary materials, is not verified or endorsed by us. The opinions expressed by other users on the Service do not reflect our values or opinions.
We may or may not regulate User Content and make no representations or warranties as to the accuracy, quality, or integrity of any User Content posted through the Service. By using the Service, you acknowledge and agree that you may be exposed to material that you find offensive or objectionable.
We reserve the right (but shall have no obligation at any time) to remove, block, edit, move, deactivate or permanently delete any User Content from the Service, in our sole discretion, with or without notice. You hereby agree that, to the extent permitted by applicable law, we are not responsible or liable for the removal, modification, or blocking of any material or User Content that may be deemed objectionable and shall have no obligation to do so at any time, except as required by applicable law.
The Service may provide Communication Channels, such as forums, chat areas, and a support area associated with our employees (“Communication Channels”), that allow you to communicate with us and other users of the Service. We may monitor the Communication Channels and reserve the right to review and, in our sole discretion, remove any materials posted to the Communication Channels. We may terminate or suspend your access to the Communication Channels in its sole discretion. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are not indicative of our position with respect to their contents and that such communications should not be considered reviewed or approved by us. You are solely responsible for your activities within the Communication Channels and you specifically agree to comply with the Rules of Conduct and Usage in this context. In order to ensure compliance with the Rules of Use Conduct and Usage, we reserve the right to restrict the content of the communication between you and other users in the communication channels to the expression of specified terms, symbols, abbreviations, or other communication.
Please refer to our Privacy Policy for information on how to handle statements made by you in the Communication Channels in accordance with data privacy law.
The Service may include the ability to purchase or win virtual currencies (“Diamonds”), items and other goods (“Virtual Goods”) in the Game, which may require you to pay a fee with real money. Virtual Goods can never be redeemed for real money, merchandise or other items of monetary value from us or any other party. You acknowledge that you have no right or title to Virtual Goods.
The Virtual Goods purchased by you may not be refunded, transferred or exchanged except in our sole discretion. You may not buy, sell, sublicence or trade any Virtual Goods outside of the Service. Such activity is a violation of the Terms, which may result in termination of your Account and/or legal action against you . We reserve the right to manage, control, modify and/or eliminate Virtual Goods in our sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
Virtual Goods may only be held by persons who are legal residents of countries where access to and use of the Service is permitted. Virtual Goods may only be purchased or acquired by us and through means that we make available on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Goods if there is reason to believe that the purchase would not be made in accordance with these Terms. If you purchase Virtual Goods, they will remain in your Account until used through the use of the Service. When you purchase Virtual Goods, you agree to pay to us the fees applicable to your purchase, including any applicable taxes, using a payment method accepted by us in accordance with the billing terms and prices in effect at the time the fee is due.
Your acquiring of Virtual Goods is final and is not refundable, transferable or exchangeable, except in our sole discretion. All Virtual Goods are forfeited by you if your Account is terminated or suspended for any reason, in our sole and absolute discretion, or if the Services are no longer available. If your Account is terminated, suspended and/or if any Virtual Goods are selectively removed or revoked from your Account, no refund will be granted. No Virtual Goods will be credited to you or converted to cash or other forms of reimbursement.
By your use of the Services, you represent and warrant that you have the full right and authority to use the Service and by such use, you agree to be bound by these Terms. You agree to comply fully with all applicable laws, regulations, statutes, ordinances and these Terms.
You agree not to defraud or attempt to defraud us or any other user and not to act in bad faith when using the Service. If we determine that you are acting in bad faith in violation of these Terms, or if we determine that your actions are outside reasonable community standards, we may, in our sole discretion, terminate your Account and prohibit you from using the Service without notice.
You agree that your use of the Service is lawful and that you will comply with the usage rules of the foregoing. You agree that you will refrain from engaging in certain conduct, which shall include, but is not limited to the following:
We reserve the right to seek damages and other remedies from you to the fullest extent permitted by law. In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities.
We reserve all rights in and to the “Service Materials,” which shall include, but is not limited to, applications, software, designs, graphics, text, information, images, video, sound, music and other files, and the selection and arrangement thereof. All Service Materials and derivative works thereof are protected by applicable copyright, trade dress, patent and trademark laws, international conventions and other intellectual property and related proprietary rights laws for our benefit and/or the benefit of our licensors and affiliates.
You may not, and may not cause any other party, including you, to modify, decompile, disassemble, reverse engineer, copy, transmit, create derivative works from, rent, sublicense, distribute, reproduce, republish, scrap, download, display, transmit, posts, rents or sells in any form or by any means, in whole or in part, uses for any purpose other than the use of the Service in accordance with these Terms, or otherwise exploit any of the Service Materials without our express prior written permission. The foregoing does not apply to your own User Content that you post on the Service in accordance with these Terms. Any other use of copyrighted or trademarked material, including any derivative use, requires our express prior written consent. Any reproduction or redistribution of materials not in accordance with these terms is expressly prohibited and may result in termination of your Account and severe civil and criminal penalties.
You may choose to provide, or we may invite you to submit comments or feedback about the Service, including without limitation about how to improve the Service (“Feedback”). You understand that your Feedback is gratuitous, unsolicited, and will not place us under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that:
By sending us any Feedback, you further:
This Feedback section will survive any termination of your Account or the Service.
You have the opportunity to participate in a so-called “Free-Game” without paying a participation fee in real money. Instead, participation fees and prize money will be paid in Virtual Goods in an amount to be determined by us before the start of the contest. In addition, it is possible to participate in a contest for which a participation fee must be paid in real money and prize money is paid out in real money (“Cash-Game” or “Cash-Tournament”).
All participation fees and other payments for services or content on the Service for which payments are required (“Fees”) will be disclosed to you in advance. For participation fees, this means prior to registering for a Cash-Game or Cash-Tournament. If you agree to participate in a Cash-Game, you agree to pay the Fees associated with such participation. All Fees must be paid in advance and are non-refundable. We may require you to pay sales tax, value added tax, and goods and services tax, as required by applicable law. Please note that all taxes payable will be calculated and added on top of any withdrawal or deposit amounts, as applicable.
Contest results and prize calculations are based on final and objectively measurable statistics and scoring results at the conclusion of the contest. Once contest results have been reviewed and scored, prize money will be distributed. In Cash-Tournaments, an algorithm determines which player will receive which share of the prize money, depending on their performance and the number of tournament participants. In the case of Cash-Games and Cash-Tournaments, we shall retain the difference between the sum of the participation fees paid by the participants and the total prize money distributed, including the amounts to be paid by us for any government taxes or fees. The amount of this share will always be disclosed to you, either in absolute or percentage terms, prior to your binding participation.
We may adjust charges at any time in the future, subject to our aforementioned duty of disclosure. Earlier purchases and Fees already paid remain unaffected, and you will not lose the right to consideration (e.g. participation in the Cash-Game or Cash-Tournament or the right to the Virtual Goods). We may also adjust payout conditions in the future, including any minimum payout amount.
You may add funds to your Account through a payment method of your choice, which you may use to pay Cash-Game or Cash-Tournament participation fees or to purchase Virtual Goods. By providing us with a payment method, you guarantee that you are authorized to use the payment method you provide and that all payment information you provide is true and accurate. In addition, you authorize us to charge Fees payable by you through such payment method.
You are fully responsible for all chargeable transactions (making charges, deposits or withdrawals) made under your account. You have the responsibility to monitor who has access to your Account and can initiate appropriate transactions. If you believe that you are charged any Fees in error, you must notify us within 30 calendar days of the occurrence of the error. We will then promptly investigate the allegation. If we are unable to determine an initiation from your Account for the affected payment, we will initiate a reversal of all benefits within 90 calendar days to correct the error that occurred and its consequences. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method . If you do not notify us within the specified time period and continue to use your account, your authorization of the unauthorized payment will be presumed. In all other respects, the existence and assertion of a claim for reimbursement is subject to the statutory provisions. If you dispute your authorization for individual transactions for which we can establish an initiation originating from your Account, you must contact the payment service provider used or your account-holding institution.
We may from time to time, in our sole discretion, offer you free bonus money or special chances to win. Bonus money may be used to participate in Cash-Games or Cash-Tournaments, but may not be cashed out, cannot be withdrawn or used for any other service. If you participate in a Cash-Game or Cash-Tournament, we may deduct a certain amount of the bonus funds as a participation fee. Notwithstanding the foregoing, additional bonus funds will be used to participate in Cash-Games or Cash-Tournaments if that is the only option available in your account. If you win a Cash-Game or Cash-Tournament, any bonus funds used for your participation fee will be returned to you, and any additional winnings in excess of your participation fee will be paid out in real money as prize money. Prize money will then remain as a credit in your Account. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash-Game or Cash-Tournament within a continuous ninety (90) calendar day period, all Bonus Funds in your Account will be forfeited.
Unless otherwise specified in the respective rules of the competition, if you win a Cash-Game or Cash-Tournament, you must claim your prize within sixty (60) calendar days of winning the competition. If you fail to claim your prize within sixty (60) calendar days, we reserve the right, in our sole discretion, to forfeit your prize. In the event you forfeit your prize by failing to claim it within sixty (60) calendar days, we shall have no further obligation to you and, at our sole discretion, may award the prize to another player.
You can request a cashout from your available Account balance at any time. If you request a cashout of funds from your Account, any bonus money currently in your Account will be forfeited. Requested funds may take up to 90 calendar days to process. In the event of a cashout request, we reserve the right to take measures to verify your identity and the accuracy of the information on file in your Account in order to prevent abuse and Account use by others, especially minors, if applicable.
If you do not provide us with the required proof, any payment to you may be blocked until a final clarification is made to our satisfaction. You agree to cooperate with our efforts in this regard. In this regard, you agree to keep all personal information stored in your Account that may be subject to the aforementioned identification measures up to date and to notify us immediately of any changes. Additional costs incurred for clarification, including but not limited to court costs, may be imposed on you if you are found to have used our Service in a manner inconsistent with these Terms. We expressly reserve the right to reclaim past payments. For confidential and secure sharing of personal information with third party vendors as part of this identification process, please refer to the terms of our Privacy Policy.
If you close your Account, all funds in your Account will be forfeited. If you wish to cashout funds from your Account before you close it, you must request to do so prior to terminating your Account. If we unilaterally close or terminate your Account for cause, any funds in your Account may be forfeited and will not be refunded to you.
If your Account becomes inactive (i.e., you have not entered at least one (1) competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 or €2.00 or £2.00 per month – according to the applicable jurisdiction (or any amount in the applicable currency up to the equivalent thereof, the “Monthly Maintenance Fee”). The Monthly Maintenance Fee will be deducted from your Account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. After five or more months of inactivity, you will be notified by e-mail associated with your Account that we may, in our sole discretion, close it if your Account remains inactive for an additional month.
We reserve the right to cancel any contest at any time. In the event of cancellation, all participation fees will be refunded to you unless the reason for cancellation is a violation of these terms and conditions for which you are responsible.
Any attempt to circumvent Terms through the unauthorized use of a third-party payment method may result in immediate termination of your Account, forfeiture of funds, and prosecution in civil and/or criminal court.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may send you federal or state tax forms and/or other appropriate form(s) if your total winnings equal six hundred dollars ($ 600.00), or its equivalent in your applicable currency, or more in any given calendar year. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
If you win a Cash-Game or Cash-Tournament, you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other contests in general, unless otherwise prohibited by law. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
By using the Service, you acknowledge that you have read, understood, and agree to the following Limitations of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
IN ADDITION, YOU AGREE TO PARTICIPATE IN AN INFORMAL DISPUTE RESOLUTION PROCESS OR ARBITRATION BEFORE PURSUING ANY LEGAL CLAIMS AGAINST US. THIS CAN HELP MANAGE AND POTENTIALLY REDUCE LEGAL COSTS AND LIABILITIES.
If you are dissatisfied with our Service, your sole and exclusive remedy is to discontinue using the Service. If you incur damages, losses, or injuries resulting from your use of our Service, you agree you shall not be entitled to an injunction preventing any exploitation of any Service or other properties owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Service, your uploaded information on the Service, or any and all activities or actions related thereto. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims to the extent applicable.
YOU MUST NOTIFY US IN WRITING OF ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS WITHIN ONE (1) YEAR FROM THE DATE OF THE CAUSE OF ACTION. FAILURE TO PROVIDE SUCH NOTICE WILL RESULT IN THE WAIVER OF YOUR CLAIM.
If any provision of this Limitation of Liability is found to be invalid or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. Any invalid or unenforceable provision shall be amended so that its terms apply to the maximum extent permitted by applicable law.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by us and arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, including your participation in any Contests in violation of applicable laws, (b) your violation of any rights of any third party, (c) your misuse of the Services, (d) your negligence or willful misconduct. If you are obligated to indemnify any us hereunder, then you agree that we (or, at our discretion, the applicable party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether such person wishes to settle, and if so, on what terms, and you agree to fully cooperate with us in the defense or settlement of such claim.
Our Services and Content are provided to you on an “as is” basis, without any warranties or guarantees of any kind, to the fullest extent permitted by applicable laws. We explicitly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not warrant that our Services will meet your requirements, or that the Services will be available uninterrupted, secure, or error-free.
We make no representations or warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content of our Services. The use of our Services and Content is at your own risk. We do not guarantee any specific results or outcomes from using our Services or any features thereof. Your access to and use of the Services are at your own risk. By your use of the Services, you understand and agree that the Services are provided to you on an “AS -IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, FOUNTAINHEAD GAMES GmbH, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, attorneys, counsel, consultants, partners, and licensors (the “the Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
You assume all risks relating to your online or offline
communications and interactions with other users of the Services and
with other persons with whom you communicate or interact as a result
of your use of the Services. You understand that we do not screen or
inquire into the background of any users of the Services and makes
no representations or warranties as to the conduct of users of the
Services. You agree to take reasonable precautions in all
communications and interactions with other users of the Services and
with other persons with whom you communicate or interact as a result
of your use of the Services, particularly if you decide to meet
offline or in person. The Company Entities make no warranty or
representation and disclaim all responsibility and liability for:
(a) the completeness, accuracy, availability, timeliness, security,
or reliability of the Services,; (b) any harm to your computer
system or device, loss of data, or other harm that results from your
access to or use of the Services,; (c) the operation or
compatibility with any other application or any particular system or
device; and (d) whether the Services will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. No
advice or information, whether oral or written, obtained from the
Company Entities or through the Services, will create any warranty
or representation not expressly made herein.
“”“”We strive to keep the Service up and running; however, all
online services suffer occasional disruptions and outages. All
information provided on the platform is subject to change without
notice. In addition, we are not responsible in any way for the games
you play or for your device, including for any communication or
other errors in such games or device, and such errors might be
counted as losses in competitions in which you may participate.
We cannot guarantee that any competitions you participate in will be fair or that other players will not cheat in such games.
We do not and cannot guarantee that use of our Service will generate you any profits. We do not take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, our liability is limited to the fullest extent permitted by law. Additional disclaimers may appear within the Service and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Service or the content contained therein, such greater restrictions shall apply. This limitation of liability shall apply to third party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
The Services may provide links to third-party websites, applications, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that we endorse or are liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to the terms governing use of such Third- Party Services. You acknowledge that we have no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have about such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data which you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.
If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and us only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby consent to the exclusive personal jurisdiction and venue in the State of Delaware.
You may not transfer, assign, sublicense or pledge your Account or your rights or obligations under these Terms in any manner. We may transfer, assign, sub-license, or pledge in any manner whatsoever any of our rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or our Privacy Policy.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
This Section does not apply if you are (i) a resident of the European Economic Area (“EEA”), or any jurisdiction which does not allow these arbitration provisions; (ii) if you opt out of arbitration as provided in this section, or (iii) qualify for the exceptions provided below.
Informal Process First. You agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 calendar days in which to respond. Both you and us agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company Entities including the Services, the Prizes, and any use or access or lack of access thereto, will be resolved by binding arbitration, including threshold questions of arbitrability of the Claim. You and the us agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the us, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and us are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Exceptions. Notwithstanding the foregoing, you agree that the following types of disputes will be resolved in a court of proper jurisdiction:
Costs of Arbitration. Each party is responsible for its own costs and expenses related to arbitration and the Claim, except that fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules.
Opt-Out of Arbitration. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to __________ or to our U.S. mailing address provided in listed in these Terms. The notice must be sent to the us within thirty (30) calendar days of your first registering to use or use of the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not the arbitration provisions. If you opt-out of these arbitration provisions, we will also not be bound by them.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the us each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND US AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND US EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND US AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
These Terms, in conjunction with the Privacy Policy, constitute the entire agreement between you and us and may not be modified by you. These Terms may not be modified on an individual basis by any person affiliated with or claiming to be affiliated with us. Nothing in this subsection shall prevent us from amending these Terms or the Service . Your continued use of the Services after such changes will indicate your acceptance of such changes in the Service and in these Terms. When modified, we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email and/or by placing a prominent notice on the first page of our website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
If any part of these Terms is held to be invalid or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You are responsible for ascertaining the permissibility of your use of the Service in your jurisdiction. We shall not be liable for any damages to you that result from a court of competent jurisdiction finding your use of the Service unauthorized.
Our failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. We shall not be liable in any way for any failure to perform any obligation under these Terms if such failure is caused by unforeseen circumstances beyond our reasonable control, including, but not limited to, internet outages, communications outages, fire, flood or war.
You acknowledge that these Terms, and all related documents (including any competition rules and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity. In addition, reference is made to the provisions in the Privacy Policy, wherein it is explained about possible consents that have an effect beyond your active use of the Service.
If you do not agree with these Terms of Use, please refrain or immediately discontinue your use of the Services. . If you have any questions about these Terms, you may contact us at the following address: support@konnen.app.