Terms of Service

The terms of this agreement (“Terms of Service”) have last been updated on July 1st, 2018 and govern the relationship between a user (“you“) and Kandidat.BG Ltd. – a Bulgarian company with business ID 201608840 and permanent registration address at j.k. Lulin 7, bl. 735, vh. 3, ap. 56 (from here on “Fun Finery”, “us” or “we”) with respect to your use of Fun Finery’s website and games (the “Services”). The Services are also governed by Fun Finery’s Privacy Policy and other relevant policies incorporated to this document by the power of reference.


Permission to use our Services, including this website and our games, is conditional upon you accepting these Terms of Service and the referenced herein Privacy Policy  (https://www.funfinery.com/privacy-policy). It is also conditional upon you being at least 16 years of age or older and personally reading and accepting this document in its entirety, in case you are 18 years of age or older, or your legal guardian reviewing and agreeing to these Terms of Service in case you are between the ages of 16 and 18.


BY INSTALLING, USING OR ACCESSING OUR SERVICES YOU ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES FUN FINERY OFFERS. 


1. LICENSE

1.1 Rights

a) Subject to the continuing acceptance and compliance with our Terms of Service as well as the terms of service of the third-party platforms / digital storefronts you download and install our games from, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes and you explicitly accept and agree to not use the Service for any other purpose.

b) We have the right, at our discretion and at any time to add, remove or otherwise substantially change this Terms of Service, our Privacy Policy and other policies and rules of conduct related to the Services. If in such occasions you continue using the Services, then you have accepted all the changes and agree to abide by the latest version of our policies that are always made available on our website. If you don’t agree with the latest version of our policies, then your license to use our Services shall terminate immediately and you must immediately delete our games and stop using the Services.

c) We retain all rights, including without limitation, all intellectual property rights or other proprietary rights, relating to the continual operating of the Services.

d) You have the right to terminate your account at any time and for any reason by contacting us through any of the official communication channels we have described in our Terms of Service and Privacy Policy.


1.2 Limitations

a) You will not be granted any license rights and you will not access our services if you are under the age of 16. You accept full responsibility for any unauthorized use of our Services by persons of age less than 16 and you are responsible for any use of a credit card or alternative payment methods used by minors.

b) You explicitly agree to not rent, lease, sell, transfer, sublicense and redistribute our games as well as the account with which you access our Services to any third-parties.

c) You will not send or post any messages that hold abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive information or links that lead to such messages and information. You will also not engage in practices that could be considered toxic behavior for our Services and our users, including the choosing of a user name, clan name or any other visible to others identificatory that could be considered defamatory or offensive or that violates the trademark or intellectual property of a third-party. We reserve our right to remove or reclaim any such user or clan names without your consent.

d) You are not allowed to use any of our Services if you have previously been removed / banned from one of our Services.

e) You are not allowed to use any of our Services to transmit any kind of commercial messages that advertise, solicit or otherwise incentivize our users towards actions outside of our Services.

f) Decompiling, reverse-engineering, disassembling, modifying or attempting to derive the source code of, or create derivative works of our games or any other part of our Services is strictly prohibited.

g) You will not engage in any act that conflicts with the letter or spirit of our Terms of Service.

h) You will not use cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify, interfere or obstruct the intended flow of the Services.

i) You will not attempt to or actually disrupt, interfere with or otherwise adversely affect the intended flow of our Services for yourself or for others including any attempted attacks on our server infrastructure or other infrastructure that supports the Services.

j) You will not attempt or actually access and utilize our Services under a false name or someone else’s account nor will you let others use your account to access and utilize our Services.

k) You will not send or post any messages that hold abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive information or links that lead to such messages and information. You will also not engage in practices that could be considered toxic behavior for our Services and our users, including the choosing of a user name, clan name or any other visible to others identificatory that could be considered defamatory or offensive or that violates the trademark or intellectual property of a third-party. We reserve our right to remove or reclaim any such user or clan names without your consent.

l) You will not try to harass, abuse or incite harassment and abuse to others taking part in the Services, including but not limited to other users or our customer support representatives.

m) You will not make available inside the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy or any other right of a person or entity.

n) You will not attempt to collect, collect or disseminate anyone’s private information, including personally identifiable information, identification documents, financial information, login credentials, in text, picture or video form.

o) You will not make available inside the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy or any other right of a person or entity.


We reserve the right at our own discretion to determine what conduct follows the letter and intent of our Terms of Service and what doesn’t. In case we determine your behavior as inappropriate and going against the letter or intent of our Terms of Service, we reserve the right to take a wide array of measures against you, including termination of your account and your right of usage of our Services.


1.3 Termination

a) If you ever use our Services in violation of the limitations listed under 1.2, we reserve the right to immediately terminate your account and your limited rights to use or access our Services. Note that this does not limit your liability and you might still be pursued by the respective authorities in cases where you have committed violations of other laws or norms.

b) In case of termination, you will lose your account, game progress, earned resources, purchased in-app-purchases and any other benefits that have been associated with your account and your usage of the Services. We are under no obligation to compensate you for any such losses or outcomes.

c) We reserve our right at our own discretion to terminate any accounts and users from accessing our Services if these users are creating risk for the smooth operation of our Services or possible legal, financial or technical liabilities for Fun Finery or our Services as well as if these users have been absent or have not used our Services for a period of 200 days or more.

d) We reserve our right to stop offering, running, supporting games or other parts of our Services at any time and at our own discretion. In such circumstances, your limited license to use the Services or the part of the Services that has been discontinued, will be terminated automatically. In such circumstances, Fun Finery will not be required to provide refunds or any other kind of compensation to users in connection with the discontinued Services.


2. OWNERSHIP

2.1 Services

All rights, title and interest in and to the Services (including without limitation any software code, games, titles, themes, objects, characters, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, game clients and backend server software) are owned by Fun Finery. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our games and the Services.


2.2 Accounts

You acknowledge and agree that Fun Finery will have full ownership and you will have no ownership or additional interests and claims in the account that you use to access the Services. All rights in and of the account are and will always be owned by Fun Finery.


2.3 Virtual Items

While using the games part of our Services whether earned through the use of the Services or by the power of in-app purchase you will likely accrue virtual items. You explicitly agree and acknowledge that:

a) You do not own the virtual items.

b) Virtual items do not hold any real world value.

c) Virtual items do not exist outside of the Services we provide.

d) You are not entitled to any compensation as a result of loss or damage to your virtual items.

e) You are not allowed to trade, sell or attempt to sell virtual items for real money or anything else that has real value outside of our Services.

f) Fun Finery can change the virtual items at any time at its sole discretion, including removing a virtual item from the Services either purposefully or due to bugs or defects in the Services.

g) If your account and limited rights to use the Services are terminated, your virtual items will be revoked and you will not be entitled to any refund or compensation.

h) To the extent permitted by law, Fun Finery will not be liable to compensate you in any way in relation to any matter concerning virtual items and your alleged or actual loss of such.


3. USER CONTENT

3.1 Submission

“User Content” means any communications, images, sounds and all the material, data and information that you or other users send or otherwise transmit in any of the Services. By sending or otherwise transmitting any User Content within the Services, you guarantee that such transmission is: accurate, not confidential and not misleading; not in violation of any laws or contractual restrictions and only executed with the permission of third parties whose personal information is discussed in the User Content; free of any kind of malware or malicious code; abiding by the letter and intent of our Terms of Service and Privacy Policy.


3.2 Screening

Fun Finery assumes no responsibility for how and when a user sending or otherwise transmitting any User Content does so and takes no responsibility for constant monitoring of the Services for improper User Content or behavior. We do not, and cannot monitor and filter User Content to make sure nothing inappropriate goes through, so your use of our Services is at your own risk. Using the Services may expose you to User Content that is inappropriate, offensive, abusive, indecent or otherwise harmful. You bear and accept these risks when you use our Services. At our discretion, we may use manual or automated means to monitor, record and analyze your interaction with the Services and the appropriateness of the User Content that you generate. Accepting these Terms of Service means you accept to hereby provide us with your irrevocable consent to such monitoring, recording and analysis. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content within the Services, including without limitation chat and voice messages and communication. Fun Finery reserves the right at its sole discretion to monitor, analyze, record, edit delete or disable access to any User Content including yours. We have the right, but not the obligation, in our sole discretion to review, edit, delete entirely or refuse to post in the first place any User Content.


3.3 Licensing

You hereby grant Fun Finery an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, modify, reproduce, adapt, fix, manufacture, create derivative works from, distribute, sell, license, sublicense, lease, transmit, transfer, publish, publicly display, or provide access to electronically, broadcast, and use and practice, in any other way, your User Content as well as all modified and derivative works thereof in connection with our Services, including marketing and promotional activities for the Services. You also hereby grant Fun Finery the right to authorize others to exercise any of these rights. You further grant Fun Finery the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered in any manner. Fun Finery does not claim ownership rights over your User Content and nothing in these Terms of Service intends to restrict any rights that you may have to use and exploit your User Content.


3.4 User Interaction

Our Services may enable you to message, communicate or transmit User Content to other users of our Services through a variety of means. In such occasions you explicitly acknowledge that:

a) Fun Finery will treat any information you transmit as User Content as non-confidential and non-proprietary. We cannot guarantee that users who see your User Content will not steal the ideas and information you choose to transmit and we shall have no responsibility to evaluate, use or compensate you for any information you choose to transmit as part of your User Content.

b) You are solely responsible for any and all interactions with the rest of the users of the Services. Fun Finery reserves the right, but has no obligation, to become involved in any way in any of your discussions, disputes or quarrels with other users.

c) You release us from any claims, damages and demands of any kind that arise out of your disputes with other users in relation to the Services.

d) Fun Finery accepts no responsibility or liability for the accuracy or content of messages and other transmitted User Content that you access inside the Services. Fun Finery will not be held liable for any loss or claim that results from actions taken or reliance made based on information received from User Content within our Services.

e) You will fully cooperate with us in cases where we need help in investigating suspected unlawful, fraudulent or improper activity by other users with respect to the Services.


4. PURCHASE TERMS

4.1 Purchases

Real world money purchases of virtual items in the Services are possible and they will grant you a limited, personal, non-sublicensable, non-transferable, revocable license to use such virtual items. You can only purchase virtual items from inside our Services. Fun Finery keeps the right to manage, regulate, modify, or remove virtual items at any time with or without notice without having any liability to you or to any third-party. Transfer of virtual items outside of the Services is strictly prohibited unless expressly authorized by us. All purchases and redemptions of virtual items inside the Services are final and non-refundable.


4.2 Payment

You explicitly agree to pay the full amount required for a purchase of virtual goods, including taxes and fees, whenever such purchase has been made using your account in the Services. Fun Finery reserves the right to modify, change, remove, add, or otherwise edit both the price and the contents of its purchase offerings at any time and you explicitly agree that Fun Finery will not be held accountable for any such changes of its purchase offerings. You also accept and agree that Fun Finery will not be required to provide a refund for any reason and that you will not be entitled to any compensation for the removal, disappearance or changes that come to your virtual items, including but not limited to when your account in the Services is terminated, whether such termination was voluntary or involuntary.


5. UPDATES

You acknowledge and agree that Fun Finery has no obligation to update any of its Services, but it holds the right to do so by removing, adding, modifying or otherwise changing its Services at its own discretion and such modifications will not constitute a breach of these Terms of Service. Fun Finery can require you to install updates to the Services in order to keep accessing or otherwise using the Services including updates that no longer allow the Services to be reverted to any of its previous states. You acknowledge and explicitly agree that in order to update the Services, sometimes an update to a third-party tool can also be required and that Fun Finery will not be responsible or held accountable in any way for any such update.


6. DISPUTE RESOLUTION

If a dispute of any kind arises between you and Fun Finery, we recommend that as the first step in finding a solution you should always contact us through any of the contact details we have shared in this Terms of Service links to which you will also find inside our games and Services. If any dispute arises in relation to this Terms of Service or the related Privacy Policy that we cannot solve amicably and quickly, then you agree that all disputes between Fun Finery and you will be governed by the laws of Bulgaria, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fun Finery must be resolved exclusively by a court located in Sofia, Bulgaria.


7. GENERAL PROVISIONS

7.1 Assignment

You cannot assign, delegate or otherwise transfer any of your rights or obligations described in the Terms of Service, without a prior explicit written consent of Fun Finery. Such consent will be withheld or given by company at its own discretion. Fun Finery can assign, delegate or otherwise transfer any of its rights and obligations to its employees or third-parties, at its own discretion and without notice to you.


7.2 Entire Agreement

Our Terms of Service and the additional policies referenced in it contain the entire agreement between Fun Finery and you and this Terms of Service supersedes all prior agreements of any kind if such agreements exist and disregarding the form in which they exist – oral, written or electronic. 


7.3 No Waiver

If Fun Finery for any reason or no reason at all, fails to enforce any of the provisions of these Terms of Service, this shall not be construed as a waiver or repudiation of Fun Finery’s right to assert or invoke the same or any other provision on that or any other instance. If Fun Finery grants you a waiver on a provision, condition or any kind of requirement part of these Terms of Service or of the documents directly referenced by it, that will not grant you a waiver of any future obligation to comply with that or any other provision, condition or requirement of the Terms of Service.


7.4 Notices

Fun Finery has the right to notify you, by posting inside of our Services, including our website www.funfinery.com and other communication means. All notices from you to us are required in writing and will be addressed to: Kandidat.BG Ltd., j.k. Lulin 7, bl. 735, vh. 3, ap. 56., Sofia, Bulgaria. Any notices that do not comply with this shall have no legal effect.


7.5 Severability

You and Fun Finery explicitly agree that in case a provision of this document is prohibited, invalid or unenforceable in whole or in part in a certain jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the prohibition or inadmissibility there, but it will not invalidate any of the remaining provisions of these Terms of Service or the validity of that same provision outside of that jurisdiction and they will continue to be in full force and effect.


7.6 Limited Liability

To the fullest extent permitted by law, Fun Finery shall not be liable for any claims, losses or damages arising directly or indirectly from: a failure to provide our Services in part or in full; corruptions to or loss of data, errors or interruptions occurring on the device or within the Services offered; any suspension or discontinuing of any of our Services in part or in full; a use of the Services by other users, including any use of the Services that goes against these Terms of Service. You agree to indemnify, defend and hold Fun Finery and all our employees, agents or subsidiaries, harmless from any claim, demand, damages or other losses, including attorneys’ fees resulting from or arising out of your user of the Services.


7.7 Disclaimers and Warranties

You explicitly acknowledge and accept that the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind given by Fun Finery, and that the existence or appearance of any errors will not be construed as a breach of these Terms of Service. You also acknowledge that you have exercised your independent judgment in beginning the use of the Services and Fun Finery will not be liable to you for any claim, damages or losses arising out of breach of these Terms of Service or out of Fun Finery supplying defective Services. Fun Finery states and you acknowledge and accept that no warranties are given with regards to the use of the Services at times and locations of your personal choosing; that the Services will be free of errors and uninterrupted; that any defects encountered or discovered will be corrected; or that the Services are free of malicious software or other harmful elements.


7.8 Force Majeure

Fun Finery shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control or due to unforeseen circumstances, including without limitation acts of God, war, terrorism, riots, acts of civil or military authorities, floods, fires and other natural disasters, shortages of transportation facilities, lack of fuel, energy, labor or materials.