PLEASE READ THESE TERMS OF USE AGREEMENT (“TERMS OF SERVICE” OR “AGREEMENT“) CAREFULLY. BY PARTICIPATING IN THE GAME, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT DO NOT PARTICIPATE IN THE GAME.
You are responsible for any Internet connection fees that you incur when accessing the Service.
These Terms of Use together with The Tiny Digital Factory’s Privacy Policy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “Overall Terms”), govern your use of the Website, your participation in the apps and the games (the “Games”) and any other product, online service or web site (individually and collectively “THE TINY DIGITAL FACTORY”) offered by THE TINY DIGITAL FACTORY SA, or any of its subsidiaries and affiliates (collectively, “THE TINY DIGITAL FACTORY”). You agree to check the Website periodically for new information and terms that govern your use of THE TINY DIGITAL FACTORY.
Any modification to the Overall Terms shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
Your privacy is important to us. Please read THE TINY DIGITAL FACTORY’ Privacy Policy carefully for information relating to THE TINY DIGITAL FACTORY’ collection and use of personal information. You can find THE TINY DIGITAL FACTORY’ Privacy Policy at https://tinydigitalfactory.com/privacy-policy
You understand, acknowledge and agree that public communications on THE TINY DIGITAL FACTORY, including www.tinydigitalfactory.com are not private or confidential, and may be viewed and used by others accessing the THE TINY DIGITAL FACTORY SERVICES.
A. Opening & Maintaining Account
While some THE TINY DIGITAL FACTORY SERVICES may be generally accessed by the public, the use of certain THE TINY DIGITAL FACTORY SERVICES requires you to create an account (the “Account”). If you have questions about registration for an Account, please contact us at support@tinydigitalfactory.com
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Overall Terms.
Some THE TINY DIGITAL FACTORY SERVICES may require the creation of a “user name” or a “persona.” User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Use. THE TINY DIGITAL FACTORY reserves the right to block or remove any “user name” or “persona”, if the use thereof violates any Overall Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
You are solely responsible for all activity related to the use including purchases, whether or not authorized by you. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Use or is otherwise improper or illegal. You should not reveal your Account password to others. THE TINY DIGITAL FACTORY will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify THE TINY DIGITAL FACTORY by emailing support@tinydigitalfactory.com.
B. CONSENT TO MONITOR
When you play the Game, or participate in any other THE TINY DIGITAL FACTORY SERVICE, including the communication features on the Website, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the Game, or any element or module thereof, is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive. You may view the THE TINY DIGITAL FACTORY Privacy Policy at https://tinydigitalfactory.com/privacy-policy
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any THE TINY DIGITAL FACTORY SERVICE or THE TINY DIGITAL FACTORY Software which may in the future be provided by us or on our behalf. You expressly permit THE TINY DIGITAL FACTORY to upload hardware and configuration information from your device to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the Overall Terms without prior notice to the user(s) linked to such unauthorized third party program.
C. Termination of THE TINY DIGITAL FACTORY Account & Services by THE TINY DIGITAL FACTORY
THE TINY DIGITAL FACTORY may suspend, modify or terminate your Account(s) and access to all related entitlements and THE TINY DIGITAL FACTORY SERVICES for violation of these Terms of Use, or any other Overall Terms, illegal or improper use of your Account, or illegal or improper use of THE TINY DIGITAL FACTORY SERVICES, products, or THE TINY DIGITAL FACTORY Intellectual Property. You will lose your user names and personas as a result of the Account termination. If you have more than one Account, THE TINY DIGITAL FACTORY may terminate all of your Accounts and all related entitlements. THE TINY DIGITAL FACTORY may issue you a warning, suspend your Account or THE TINY DIGITAL FACTORY may immediately terminate any and all Accounts that you have established. You acknowledge that in such an instance THE TINY DIGITAL FACTORY is not required to provide you notice before suspending or terminating your Account(s), temporarily or permanently banning your device from some or all THE TINY DIGITAL FACTORY SERVICES or selectively removing, revoking or garnishing Virtual Goods associated with your Account. If THE TINY DIGITAL FACTORY terminates your Account, you may not participate in a THE TINY DIGITAL FACTORY SERVICE again without THE TINY DIGITAL FACTORY’ express permission. To participate in a THE TINY DIGITAL FACTORY SERVICE after such termination, contact us at support@tinydigitalfactory.com. THE TINY DIGITAL FACTORY reserves the right to refuse to keep Accounts for, and provide THE TINY DIGITAL FACTORY SERVICES to, any individual. You may not allow individuals whose Accounts have been terminated by THE TINY DIGITAL FACTORY to use your Account.
In addition, THE TINY DIGITAL FACTORY reserves the right to terminate any THE TINY DIGITAL FACTORY SERVICE at any time by giving you notice of such termination within the time period specified when you joined the particular THE TINY DIGITAL FACTORY SERVICE, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable THE TINY DIGITAL FACTORY SERVICE.
If your Account is terminated for a violation of these Terms of Use, the EULA or any other Overall Terms, no refund will be granted; no online time or other credits will be credited to you or converted to cash, nor will any other form of reimbursement be issued, and you will have no further access to your Account or entitlements associated with your Account or the particular THE TINY DIGITAL FACTORY SERVICE (such as digital assets, game credits, passes, and tokens).
D. Cancellation of a THE TINY DIGITAL FACTORY Account by you
You may cancel your Account at any time by contacting https://tinydigitalfactory.com/contact. If you do not agree to the terms in this Terms of Use or any other Overall Terms, your sole remedy is to not use THE TINY DIGITAL FACTORY SERVICES and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with THE TINY DIGITAL FACTORY, including any dispute related to, or arising out of: (1) any term of this Terms of Use, the EULA, or any other Overall Terms, or THE TINY DIGITAL FACTORY’ enforcement or application thereof; (2) the content available through THE TINY DIGITAL FACTORY SERVICES or any change in content provided through THE TINY DIGITAL FACTORY SERVICES; (3) your ability to access and/or use THE TINY DIGITAL FACTORY SERVICES; or (4) the amount or type of any payment, fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for THE TINY DIGITAL FACTORY SERVICES.
THE TINY DIGITAL FACTORY reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a THE TINY DIGITAL FACTORY SERVICE. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with THE TINY DIGITAL FACTORY SERVICES must be settled before you establish a new THE TINY DIGITAL FACTORY Account.
After you cancelled your Account, or termination of your Account pursuant to these Terms of Use, THE TINY DIGITAL FACTORY has the right to delete all your account information and content.
Some THE TINY DIGITAL FACTORY SERVICES require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these Services. THE TINY DIGITAL FACTORY reserves the right to change its prices, fees, or billing methods at any time.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
A. Payment Options and Information
You may make payment using the methods available for the particular THE TINY DIGITAL FACTORY SERVICE and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by THE TINY DIGITAL FACTORY SERVICE. When you provide credit card or other payment information to THE TINY DIGITAL FACTORY, you represent to THE TINY DIGITAL FACTORY that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. THE TINY DIGITAL FACTORY does not receive any confidential payment data from its payment providers, and THE TINY DIGITAL FACTORY is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Customers who use a payment method other than credit card may incur an additional payment processing fee. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. THE TINY DIGITAL FACTORY reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Virtual Goods
You agree that THE TINY DIGITAL FACTORY reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to characters, accessories, items such as “character customization”, points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain the property of THE TINY DIGITAL FACTORY. You acknowledge that THE TINY DIGITAL FACTORY may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the Overall Terms, and are not redeemable for any sum of money or monetary value from THE TINY DIGITAL FACTORY at any time.
YOU AGREE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST THE TINY DIGITAL FACTORY, ITS PARENT COMPANY, DIVISIONS, SUBSIDIARIES, AFFILIATES, OR ANY EMPLOYEES OF ANY OF ABOVE, WHICH IS RELATED TO OR BASED ON, INCLUDING BUT NOT LIMITED TO; (I) A CLAIM THAT YOU “OWN” ANY VIRTUALGOODS IN THE GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF THE TINY DIGITAL FACTORY DELETES THEM (AND/ORTERMINATES YOUR ACCOUNT) WITH A REASONABLE CAUSE AT THE TINY DIGITAL FACTORY’ SOLE DESCRETION, (III) A CLAIM FOR THE“VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF THE TINY DIGITAL FACTORY DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS OF USE, THE EULA, THE TINY DIGITAL FACTORY’ PRIVACY POLICY, OR ANY OTHER OVERALL TERMS, AND/OR, OR FOR ANY MALFUNCTIONS AND/OR “BUGS” IN THE TINY DIGITAL FACTORY SERVICES, (IV) A CLAIM THAT THE“VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT THE TINY DIGITAL FACTORY HAS MADE OR WILL MAKE.
C. Subscriptions
You may purchase access to Content on a subscription basis (“Race Pass Subscription 1 month 2.0”). This subscription is available for $5.99 and lasts one month. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period. You can manage or turn off auto-renew in your Account settings at any time after purchase. No cancellation of the current subscription is allowed during the active period.
A. Content
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from THE TINY DIGITAL FACTORY or its licensors (“THE TINY DIGITAL FACTORY Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the game. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
THE TINY DIGITAL FACTORY reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in THE TINY DIGITAL FACTORY’ sole and final discretion. To the maximum extent permitted by applicable law, THE TINY DIGITAL FACTORY does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
B. THE TINY DIGITAL FACTORY Ownership
Content in THE TINY DIGITAL FACTORY SERVICES is owned by THE TINY DIGITAL FACTORY or THE TINY DIGITAL FACTORY’ third party licensors and is protected by International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an THE TINY DIGITAL FACTORY SERVICE unless our terms expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content.THE TINY DIGITAL FACTORY reserves all rights in THE TINY DIGITAL FACTORY owned and licensed Content that are not expressly granted to you in Overall Terms. You acknowledge that THE TINY DIGITAL FACTORY and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on THE TINY DIGITAL FACTORY SERVICES may result in the termination of your Account(s), prohibition on use of THE TINY DIGITAL FACTORY SERVICES, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless THE TINY DIGITAL FACTORY from any unauthorized or illegal conduct by you, or through the use of your Account, on THE TINY DIGITAL FACTORY SERVICES.
C. Limited Use License
The THE TINY DIGITAL FACTORY SERVICES, and all respective Content are available for use only by authorized end users in accordance with, and subject to the terms and conditions set forth in these Terms of Use and any applicable EULA. THE TINY DIGITAL FACTORY hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Website, the Game, and any Content thereof for your individual, non-commercial, entertainment purposes only. The foregoing license is strictly subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and THE TINY DIGITAL FACTORY SERVICES and (2) you comply with these Terms of Use, the EULA and the THE TINY DIGITAL FACTORY Privacy Policy and you are not otherwise in breach of any Overall Terms. This grant of license shall be automatically revoked as of the moment that any of these conditions are no longer met by you.
THE TINY DIGITAL FACTORY SERVICES may require or allow you to download THE TINY DIGITAL FACTORY Software. In such cases, THE TINY DIGITAL FACTORY grants to you a non-exclusive, limited license to use THE TINY DIGITAL FACTORY Software solely for the purpose stated by THE TINY DIGITAL FACTORY at the time the THE TINY DIGITAL FACTORY Software is made available to you. If an End User License Agreement or similar agreement is provided with the THE TINY DIGITAL FACTORY Software, your use of the THE TINY DIGITAL FACTORY Software is subject to the terms of that license agreement in addition to these Terms of Use. You may not sub-license, or charge others to use or access THE TINY DIGITAL FACTORY Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from THE TINY DIGITAL FACTORY Software. You may not modify THE TINY DIGITAL FACTORY Software or use it in any way not expressly authorized in writing by THE TINY DIGITAL FACTORY. You understand that THE TINY DIGITAL FACTORY’ introduction of various technologies may not be consistent across all platforms and that the performance of THE TINY DIGITAL FACTORY Software and related THE TINY DIGITAL FACTORY SERVICES may vary depending on your computer and other equipment.
From time to time, THE TINY DIGITAL FACTORY may provide you with updates or modifications to THE TINY DIGITAL FACTORY Software. You understand that certain updates and modifications may be required in order to continue the use of THE TINY DIGITAL FACTORY Software and THE TINY DIGITAL FACTORY SERVICES.
This Section shall survive termination of this Terms of Use agreement.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER THE TINY DIGITAL FACTORY SERVICES, THE TINY DIGITAL FACTORY SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE TINY DIGITAL FACTORY SERVICES, THE TINY DIGITAL FACTORY SOFTWARE, THE TINY DIGITAL FACTORY’ PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. THE TINY DIGITAL FACTORY PROVIDES THE TINY DIGITAL FACTORY SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR THE TINY DIGITAL FACTORY GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE TINY DIGITAL FACTORY WILL HAVE ADEQUATE CAPACITY FOR THE TINY DIGITAL FACTORY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE THE TINY DIGITAL FACTORY SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE THE TINY DIGITAL FACTORY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE TINY DIGITAL FACTORY OR ITS LICENSORS IS TO STOP THE TINY DIGITAL FACTORY GAMES SERVICES, AND TO CANCEL YOUR THE TINY DIGITAL FACTORY ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE TINY DIGITAL FACTORY, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY THE TINY DIGITAL FACTORY SERVICES OR USE OF THE TINY DIGITAL FACTORY SOFTWARE. IN NO CASE SHALL THE TINY DIGITAL FACTORY OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “THE TINY DIGITAL FACTORY AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE TINY DIGITAL FACTORY FOR THE TINY DIGITAL FACTORY SERVICES. IN NO CASE SHALL THE TINY DIGITAL FACTORY OR THE TINY DIGITAL FACTORY AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE TINY DIGITAL FACTORY SERVICES,THE TINY DIGITAL FACTORY SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE TINY DIGITAL FACTORY SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE TINY DIGITAL FACTORY’ AND THE TINY DIGITAL FACTORY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE TINY DIGITAL FACTORY DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE TINY DIGITAL FACTORY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B. Indemnification
Upon THE TINY DIGITAL FACTORY’ request, you agree to defend, indemnify and hold harmless THE TINY DIGITAL FACTORY and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Use, or any other Overall Terms, for which you are responsible or in connection with your distribution of any Content on or through THE TINY DIGITAL FACTORY SERVICES. Without limiting the generality of the foregoing, you agree to indemnify and hold THE TINY DIGITAL FACTORY harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use ofTHE TINY DIGITAL FACTORY SERVICES and for all of your communication and activity on THE TINY DIGITAL FACTORY SERVICES, including any User Content you contribute, and that you will indemnify and hold harmless THE TINY DIGITAL FACTORY, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on THE TINY DIGITAL FACTORY SERVICES, including any User Content that you contribute.
THE TINY DIGITAL FACTORY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to THE TINY DIGITAL FACTORY in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: THE TINY DIGITAL FACTORY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE TINY DIGITAL FACTORY SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. THE TINY DIGITAL FACTORY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
A. Equitable Remedies
You hereby acknowledge and agree that THE TINY DIGITAL FACTORY would suffer irreparable harm if these Terms of Use or any of the Overall Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that THE TINY DIGITAL FACTORY shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Use or any other Overall Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Terms of Use or the Overall Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to the Terms of Use or any other Overall Terms (“Dispute”), you and THE TINY DIGITAL FACTORY agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. THE TINY DIGITAL FACTORY will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to THE TINY DIGITAL FACTORY SA, 18-20 rue Tronchet, 69006 Lyon, France, Attn: Legal Department with a copy via email to support@tinydigitalfactory.com.
C. Formal Dispute Resolution
If you and THE TINY DIGITAL FACTORY are unable to resolve a Dispute through informal negotiations, either you or THE TINY DIGITAL FACTORY may elect to have the Dispute finally and exclusively resolved by the French court.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and THE TINY DIGITAL FACTORY may terminate this Agreement at any time for any reason or for no reason. Termination by THE TINY DIGITAL FACTORY will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Service, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying THE TINY DIGITAL FACTORY at support@tinydigitalfactory.com. Upon termination of this Agreement, your right to use the THE TINY DIGITAL FACTORY SERVICES shall immediately cease. The following provisions shall survive any termination of this Agreement.
A. Remedies
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use. You also understand and agree that these Terms of Use, the THE TINY DIGITAL FACTORY Privacy Policy and any other Overall Terms, including THE TINY DIGITAL FACTORY enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of these Terms of Use or the Overall Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of THE TINY DIGITAL FACTORY, and the remaining portions shall remain in full force and effect.
C. Assignment.
THE TINY DIGITAL FACTORY may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use without THE TINY DIGITAL FACTORY’ prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of THE TINY DIGITAL FACTORY to exercise or enforce any right or provision of these Terms of Use or any Overall Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by THE TINY DIGITAL FACTORY of any provision, condition or requirement of these Terms of Use or any Overall Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
THE TINY DIGITAL FACTORY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of THE TINY DIGITAL FACTORY, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond THE TINY DIGITAL FACTORY’ control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The French laws, govern these Terms of Use, any other Overall Terms, and you expressly agree that exclusive jurisdiction for any claim or dispute with THE TINY DIGITAL FACTORY or relating in any way to these Terms of Use, any other Overall Terms, your Account(s), or your use of any THE TINY DIGITAL FACTORY SERVICES resides in the French Courts, and you further agree and expressly consent to the exercise of personal jurisdiction in the French courts in connection with any such dispute including any claim involving THE TINY DIGITAL FACTORY or its affiliates, employees, contractors, officers, directors, vendors and content providers.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Those who choose to access the Service from locations outside of France do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these Terms of Use shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
G. Entire Agreement.
These Terms of Use, together with the THE TINY DIGITAL FACTORY Privacy Policy, and any other Overall Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and THE TINY DIGITAL FACTORY relating to your rights and obligations in the use of THE TINY DIGITAL FACTORY SERVICES. If there is any conflict between these Terms of Use, the Privacy Policy, and any other Overall Terms, THE TINY DIGITAL FACTORY shall resolve the conflict in its sole discretion.
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Stéphane is the Founder & CEO, and has 30+ years of AAA and Mobile game development expertise. Founder of Eden Games and The Tiny Digital Factory, he is the creative mind behind hugely successful AAA and mobile racing franchises, such as V-Rally, Test Drive Unlimited, F1 Mobile Racing and GT Manager.
