Terms of Use

These terms of service ("Terms", "Agreement") apply to your access and use of Casual Game Factory's ("CGF") games, website and other services (the "Service"). Please read them carefully.

When you can use our Games

You need to be over a certain age to play our Games or use our services. The minimum age varies depending on your country of origin. For information about the minimum age in your country, see below.
Minimum age:
16 years:       France, Germany, Hungary, Lithuania, Luxemburg, Netherlands, Slovakia
15 years        Finland
14 years        Austria
13 years        All other countries

Acceptance of these Terms

If you have a Platform Account and download a Game from a Platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play and/or otherwise participate in a Game as it is prohibited without accepting the Terms. You acknowledge that these Terms: (a) apply from the date on which you first download one of our Games: (b) apply to your use of any of our Games and to all Virtual Items: and (c) form a legally binding contract between you and CGF, not with any Platform provider. CGF is solely responsible to you for the Games and their content, not the Platform provider. CGF may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games. Your continued use of the Games is deemed as indication of your acceptance of such changes in the Terms.

Grant of a License

In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to play our Games for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to any Game or software. CGF owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to the Games (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games' titles, but excluding any User Content). By using our Games under license you do not acquire any intellectual property rights in our Games.

User Content

Any data, text, graphics, photographs and other materials uploaded to or otherwise made available in the Games by you or other users (the "User Content") is the sole responsibility of the person from whom such User Content originated. CGF does not guarantee the accuracy, quality or integrity of any User Content posted via the Games. You agree that CGF will not be liable for any User Content, including but not limited to errors in any User Content or any loss or damage incurred by use of the User Content.
You represent and warrant that the User Content you transmit or submit is original to you and that you exclusively own all rights, title and interest, including without limitation intellectual property rights, to such content, including the right to grant all rights and licenses in these Terms without CGF incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
You hereby grant to CGF a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit the User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content. The User Content is not confidential and will not be returned to the user.
Notwithstanding the license above, and only in relation to profile pictures, you instead grant CGF Interactive a non-exclusive, transferable, royalty free, global license to use your profile picture in accordance with applicable data protection legislation and as further set out in the Privacy Policy, if the profile picture is of a person. The license will cease if you remove your profile picture. CGF Interactive will not use your profile picture in marketing if the picture is of a person, unless prior approval from the person in the picture has been obtained.
CGF reserves the right to, in its sole discretion, remove and/or permanently delete any User Content from the Games.

Virtual Items

Virtual Items can be "purchased" or "earned" in our Games. There are two types of Virtual Items available:

-   "virtual currency" means currency that you cannot physically touch such as virtual tokens, coins, cash, points, bonuses or other form of virtual currencies and that can be used within Games to purchase "virtual goods"; and
-   "virtual goods" means anything virtual which can be used by you within a Game to enhance your player experience and might include access to particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your game status or the ability to move up a level or to complete a Game more quickly.

Purchasing or Earning Virtual Items

CGF offers you the opportunity to either:

-   purchase Virtual Items within the Game for 'real' money ;
-   earn Virtual Items as part of CGF 's or third parties' promotional offers, competitions or actions; or
-   earn Virtual Items through participating in the Game itself.

License to Virtual Items

Your use of Virtual Items is subject to the following license:

-   Virtual Items are not redeemable or refundable. Once you have purchased Virtual Items you will not get the 'real' money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in your Platform Account does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games;
-   Virtual Items are personal to you and non-transferable. This means that only you can use your Virtual Items and you cannot permit anyone else to use them whether via your Platform Account or otherwise. You cannot trade your Virtual Items in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way (with the exception of any in-Game Virtual Item auction function that CGF may elect to offer);
-   your right to use Virtual Items ends as a result of the Platform provider having to suspend or close your Platform Account pursuant to these Terms; and
-   your right to use Virtual Items expires 5 years after date of purchase unless CGF decides, in its sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused virtual currency.

Price

The price payable by you for Virtual Items (the "Price") is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. CGF reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game ("Subscription Period"). Payment will be taken from your iTunes or Google Play account ("Account") when you confirm the Subscription by available confirmation tools of the Game.

Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically cancelled.

Once you have bought a Subscription, you can manage it and switch off automatic renewal at any time after the purchase in your Account setting. You cannot cancel your current Subscription if it has already been activated.

Except when required by law, paid Subscription Fees are non-refundable.

You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform you downloaded the App, and are governed by their terms and conditions. If you have any payment related issues, then you need to contact App Store or Google Play directly.

Availability of Virtual Items

CGF reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from CGF through the Game or as otherwise expressly authorized. CGF reserves the right to refuse any request to purchase Virtual Items for any reason.

Waiver of withdrawal right

When purchasing Virtual Items, you agree that you have no right to withdraw from your purchase once the download of any Virtual Item is complete, due to the nature of these goods.

Payment Methods

Payment methods accepted by CGF are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Amazon, Facebook or similar within the Game at the point of sale.

Limitation of Liability

In no event shall CGF, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

CGF, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Reasonableness

You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you.

Third Party Advertising

CGF may generate revenue from your playing of the Games by advertising goods and/or services of third parties including: (i) by serving ads that you might see and respond to when using the Games; (ii) by allowing Virtual Items to be endorsed by third parties; and (iii) by offering you the chance to 'earn' Virtual Items for use within the Games if you respond to third party advertising in a pre-defined manner.

Third Party Links

Certain links including hypertext links, from the Games and from any social networking platform you are using, may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by CGF of the linked site, its operator or its content.  You acknowledge that CGF does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content.  Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.

Termination or Suspension of your Account

CGF may in its absolute discretion at any time with immediate effect and for any reason:

-   terminate or suspend your use of the Games (in which case we may share your name and email address and notify third parties, including Platform providers); or
-   verify your information by requesting certain documents and refuse your requests to play the Games if we believe there is a reason to do so.

Dealings in Rights and Obligations

CGF may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.

Third Parties

You and CGF acknowledge that if the Game was purchased through a Platform, such as the Apple Store, such Platform provider and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.

Complaint and Disputes

Please contact us immediately using our contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our Virtual Items or in relation to CGF generally; or (b) believe that any act or omission by CGF or one of our players is in breach of applicable law. CGF will then consider your concerns and decide whether to take action and whether or not any other player has in CGF's opinion, breached any of these Terms. CGF will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the Games. The right to complain of a defect in the Games or Virtual Items ends after three years.

Contact us

If you have any questions about this Terms of Use, please contact us at privacy@casualgamefactory.com.