Terms of Service

Fhacktions Terms of Service

Fhacktions is a location based online battle arena game developed to bring entertainment and fun to the world. You accept our Terms and Conditions when installing, access, or using our applications, services, functions, software, website (collectively the “Services”), and also when you share or download any content (text, image, sound or video) in the Services (collectively referred to as the “Content”).

If you are a physical person, “You” means yourself. If you are a legal person, “You” refers to the legal institution you have the rights to represent.

1. Basic Terms and Conditions

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. The content you upload, using the Services is public by default and might be seen by the other users of the Services.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.

You may need to create an account to use some of our Services. To do so you might be asked for some personal information. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You must have at least 13 years of age to use our Services (or the minimum age required in your country to have authorization to use our Services without your parents approbation). Furthermore, if you don’t have the minimum age to use our Services, your parents or tutor must accept the Terms and Conditions in your behalf.

To access the Services you must have certain hardware, software and connectivity. During the time you use our services, you accept download and install the necessary updates of our services, even if they are automatic.

You are responsible for the cost of de data plan of your internet operator, also with any other cost of the Services and taxes related to the use of those Services. We might charge you for our services, including the corresponding taxes. We might reject or cancel any transaction without cause. We don’t give reimbursements for our services, except when the law demands it.

The Services ant their Terms and Conditions may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

Fhacktions and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Privacy

Fhacktions is concerned about your safety and privacy. Any information you or others use, share or upload to the Services is subject of our Privacy Policies. You understand that using the Services and creating your account you give Fhacktions the right to compile and process your personal data as stated in the Privacy Policies https://fhacktions.com/privacy/.

As a part of our Services we might send you some communications, like announcements, or administrative and security messages. This communications are considered as part of the Services and account, and you might not be able to opt-out them.

3. Passwords

You are responsible to protect the password you use to Access the Services. We recommend you using long passwords, combining uppercase and lowercase letters, numbers and symbols, avoiding the use of common words, famous people, important dates or pet names. Fhacktions will not be liable of any loss or damage caused by the neglect of the aforementioned security rules.

4. Content of the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

5. User Rights

You retain your rights to any Content you submit, post or display on or through the Services.

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Fhacktions to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Fhacktions, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. User License to Use the Services

Fhacktions gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fhacktions, in the manner permitted by these Terms.

7. Fhacktions Rights

The Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the Fhacktions name or any of the Fhacktions trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Fhacktions and its licensors. Any feedback, comments, or suggestions you may provide regarding Fhacktions, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Content and Service restrictions

Please review the Fhacktions Rules (https://fhacktions.com/rules/), which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Fhacktions, its users and the public. Fhacktions does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

9. Intellectual Property

Fhacktions respects the intellectual property rights and will act according to any reports presented in a proper way about copyright or trademarks infringements in the applicable law. If you think that someone might have infringed your rights using the Services, we ask you to report the content in the platform, giving us the information needed:

• Precise information about the owner of the rights, with documentation backing the claim.
• Identification of the content with IP, Copyright or trademark violation
• Contact information of the complainant, including address, phone number and email.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Fhacktions might close accounts infringing Intellectual Property violations.

10. Availability and termination of Services

You may end your legal agreement with Fhacktions at any time by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Fhacktions Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.

11. Disclaimers and Limitations of Liability

Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the below disclaimers may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law of your country.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. 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, FHACKTIONS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FHACKTIONS make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) 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 Fhacktions or through the Services, will create any warranty or representation not expressly made herein.

B. Limitation of Liability

FHACKTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FHACKTIONS HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms, Jurisdiction and Full Agreement

The Present Terms and Conditions are under the rule of Paraguayan Law. All legal reclamation must be submitted to the tribunals in the city of Asunción, and you accept this jurisdiction resigning any other jurisdiction available to you.

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://fhacktions.com/terms/, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Fhacktions’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and Posibillian Tech S.A., a Paraguayan company with its registered office at Boggiani 7180, Asuncion, Paraguay. If you have any questions about these Terms, please contact us at info@posibillian.tech.

Effective: June 01, 2017