TERMS OF USE

Effective Date: 01 September 2020
whole


In this Terms of Use the following definitions, when capitalized, shall have the following meanings:



  1. "Apple" – means Apple, Inc., any parent or group company or any successor thereof which operates the Apple mobile platform currently called "App Store".
  2. "Apps" – means Our mobile games and any services provided through the Apps.
  3. "Device" – means an authorized smartphone or a tablet or other mobile device, which You own or otherwise legally control solely for your lawful, personal, and non-commercial use.
  4. "Fizzy Brizzy Games" (or "Company", "We", "Us", "Our") – means Fizzy Brizzy Games LLC, the company registered in the Republic of Belarus, registration number 193460819, having legal adress at prospekt Pobediteley 106, room 012, Minsk, 220062 the Republic of Belarus).
  5. "Terms" – means these Terms of Use and any future additions/amendments to them.
  6. "Site" (or, collectively, "Sites") - means www.fizzybrizzy.com and any other site or online service that is owned or operated by Fizzy Brizzy Games.
  7. "Platform" – means, collectively, Site and Apps.
  8. "3rd Party Platform Games" – means Our games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook.
  9. "Online Store" – means Google Play Store, Apple App Store.
  10. "Content" – means works and intellectual property owned by Fizzy Brizzy Games and/or its licensorsfrom which Services are comprised, including, without limitation, games, artwork, graphics, images, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing.
  11. "Intellectual Property Rights" – means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
  12. "Open Source Software" – means all or any portion of the App, which constitutes a nonproprietary software or software provided under free public license by third parties.
  13. You (or "Your" or "User") – means the person, who uses Our Services under this Terms and whose data is collected, stored, processed, used and shared according to Our Privacy Policy.
  14. "Privacy Policy" – means the privacy policy, which describes how We collect, use, process, store and share information that We collect about You, and which is incorporated here by this reference as a part of Terms.


1. ABOUT THESE TERMS OF USE

These Terms is a legal agreement between You and Fizzy Brizzy Games.

By visiting Site, using Apps, playing 3rd Party Platform Games or otherwise access any of our other products, services or content through any of our Platform or through 3rd Party Platform Games (collectively, "Services"), You agree to and accept the Terms, which we may update from time to time.

Use of our Services is also subject to our Privacy Policy which cover how we collect, use, share and store Your personal data.



If You download, install, access or use Our Services, You hereby confirm Your consent to be bound by the terms and conditions of this Terms, including the Policy. If You do not agree with any of the terms and conditions of this Terms please, do not download, install, access or use Services. Use of the Services shall deemed to be void where such use is prohibited.



Our Apps download page may contain certain additional terms, conditions and requirements, which constitute as a part of the Terms. In case You download/purchase the Apps through an Online store, please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.

You can find the latest updated version of the Terms at any time at our Site www.fizzybrizzy.com.



2. CHANGES AND SEVERABILITY

We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a material change, we may also provide additional notice within the Services. Unless we state otherwise, the changes are effective immediately from the date of posting. Each time You access our Services, the Platform or 3rd Party Platform Games, the current version of the Terms applies, and You agree that the changes apply to Your continued use of the Services.

If You do not agree with any amendment to the Terms, Your should disuse our Services.

If any part of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

3. REQUIREMENTS TO USE

By installing, accessing or using our Services You confirm that You are at least 16 years of age and have a full legal capacity to enter into this agreement. In case You are between 16 and 18 years of age, You hereby confirm, that Your parent, or a legal guardian, or other representative under the applicable law has reviewed and agrees to the Terms and allows You to access and/or use our Services.

We also reserve the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content, without prior notice either permanently or temporarily, at which point Your right to use those Services or any part thereof will be automatically terminated or suspended.

The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect Your personal data against unauthorized access or disclosure, however, we may not guarantee that Your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also Your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure Your device from any unauthorized access.

U.S. Government restricted rights: Our Services have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software". Any use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.

Any download of our Apps and use of our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and You agree to comply with them. You represent and warrant that You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a „terrorist supporting" country; and that You are not listed in any U.S. Government or EU sanction list of prohibited or restricted parties and You comply with relevant U.N. and EU sanctions and embargos.

4. OWNERSHIP AND LICENSE

Under the Terms, we grant You a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided You agree to comply with the Terms. The Content in our Services are for gaming services and for Your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without our prior written permission, is strictly prohibited.

Please note that the Services are licensed, not sold, to You. We own all rights, title and interest in and to the Services and reserve all rights not expressly granted to You in this Terms.

You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy (except for a single backup copy), or in any other way transfer or grant any rights to the Services to any third party. You may not distribute or make the Services available over the network where it could be downloaded or used by multiple devices at the same time, except when it is authorized by Us.

You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.

Notwithstanding the Terms, the open source software is licensed to You subject to the terms and conditions of the respective software license agreements accompanying such open source software.

If You have been found in violation of the terms, we reserve the right, in our sole discretion and at any time, to limit, suspend, modify or terminate access to Services or any portion thereof. If so, Fizzy Brizzy Games is not required to compensate You for any losses or results. In addition, You may be found to be in violation of criminal and civil laws, including intellectual property rights of Fizzy Brizzy Games.

5. INTELLECTUAL PROPERTY RIGTHS

All and any Intellectual Property Rights in and relating to Our Services are owned by or licensed to Us, including but not limited to Intellectual Property Rights to all trademarks, design, text, images, photographs, illustrations, audio or video clips, artwork, graphic material, code, content, protocols, software, and documentation provided to You in relation with the use of Our Services. Intellectual Property Rights are protected by the respective international, EU, US and other respective national copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights.

If You believe that Your intellectual property rights have been infringed, You may contact us by emailing the following information to legal@fizzybrizzy.com: (a) a description of the intellectual property rights and an explanation as to how they have been infringed; (b) a description of where the infringing material is located; (c) Your address and email address; (d) a statement by You, made under penalty of perjury, that (i) You have a good-faith belief that the disputed use of material in which You own intellectual property rights is not authorized, and (ii) the information that You are providing is accurate, correct, and that You are the owner of the intellectual property right, or authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; and (e) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right that has allegedly been infringed.

6. LINKS TO THIRD PARTIES

Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.

Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, You must familiarize Yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations You incur in Your dealings with these third parties are Your responsibility. Fizzy Brizzy Games is not liable for any claim relating to any content, goods or services of third parties.

7. TERMS, TERMINATION AND SURVIVAL

7.1. Term. The term of this agreement commences on the date You first indicate Your acceptance of the Terms and will continue in effect until otherwise terminated in accordance with the Terms.

7.2. Termination by You. You may cease use of the Services at any time. Your cessation of use of Services, will not entitle You to any refund, including of any fees.

7.3. Termination by Fizzy Brizzy Games. Fizzy Brizzy Games may terminate or suspend, withdraw, restrict or remove all or any part of our Services at any time in the event that (i) Fizzy Brizzy Games stops providing such services to similarly situated users, or (ii) You breach any terms of this Terms.

7.4. Survival of Terms. All provisions of the Terms with regard to privacy, intellectual property rights, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.



8. INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FIZZY BRIZZY GAMES, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.

9. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, Fizzy Brizzy Games, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, Fizzy Brizzy Games MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

10. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL FIZZY BRIZZY GAMES OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. WAIVER OF OUR RIGHTS

Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

12. GOVERNING LAW and DISPUTE RESOLUTION

The provisions of the Terms shall be governed by and construed in accordance with the laws of the Republic of Belarus.

Vast majority of any dispute, controversy or difference arises between You and Us may be solved quickly by contacting us at legal@fizzybrizzy.com

In the unlikely event that we cannot solve Your concern and You wish to bring legal action against us, then that dispute will be subject to the jurisdiction of the courts of the Republic of Belarus.

13. FORCE MAJEURE

Neither You nor we will be liable for any failure to perform any obligation under the Terms or to provide access to Services of that failure is caused by the happening of any unforeseen event beyond Your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood or act of God.



14. MISCELLANEOUS

14.1. Entire Agreement. The Terms (including the Privacy Policy) constitutes the entire agreement between You and Fizzy Brizzy Games regarding the use of our Services and supersedes all prior understandings.

14.2. Assignment. We can assign, subcontract or transfer the Terms to a third party or an affiliate of Fizzy Brizzy Games if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer Your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

14.3. No Beneficiaries. The Terms governs the relationship between You and us and does not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party's representatives, successors, and permitted assigns.

14.4. No Right to Obligate the Other. The Terms does not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

14.5. Notice for Apple Device users. In case You download, install or access the Apps through Your Apple Device, You specifically acknowledge and agree that the following additional terms shall apply (in case of conflict between these additional terms in this section and other terms of this agreement the terms of this section shall prevail):

  1. The Terms is concluded between You and us only, not with Apple, and Apple is not responsible for the Apps or the content thereof;
  2. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
  3. In the event of any failure of the Apps to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the relevant Apps to You. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps;
  4. Apple is not responsible for addressing any claims by You or a third party relating to the Apps or Your possession and/or use of the Apps, including, but not limited to: (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation;
  5. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or Your possession and use of the Apps infringes that third party's intellectual property rights;
  6. Apple and its subsidiaries are third party beneficiaries of the Terms and upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary of the Terms; and
  7. Fizzy Brizzy Games authorizes the use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
14.6. Contact Information. You can contact us at support@fizzybrizzy.com