Terms and Conditions
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use our apps (inc. Flick Solitaire) and website, www.flick.games (“Our Services”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Services. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Services immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Services; and
“We/Us/Our”
means Flick Games Ltd, a company registered in England under 12012885, whose registered address is 45 Queen Street, Deal, Kent CT14 6EY.
2. Information About Us
2.1 Our Services, are owned and operated by Flick Games Ltd, a limited company registered in England under 12012885, whose registered address is 45 Queen Street, Deal, Kent CT14 6EY.
3. Access to Our Services
3.1 Access to Our Services are free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Services.
3.3 Access to Our Services are provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Services (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Services (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Services and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Services unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Services in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Services (or any part of it) for caching;
4.3.3 Print one copy of any pages from Our Services;
4.3.4 Download extracts from pages on Our Services; and
4.3.5 Save pages from Our Services for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Services (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Services for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
5. Links to Our Services
5.1 You may link to Our Services provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Services without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Services.
6. Links to Other Services
Links to other Services may be included on Our Services. Unless expressly stated, these Services are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Services is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Disclaimers
7.1 Nothing on Our Services constitutes advice on which you should rely. It is provided for general information purposes only.
7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Services will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Services are complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Services or the use of or reliance upon any Content included on Our Services.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Services or any Content included on Our Services.
8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Services are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Services (including the downloading of any Content from it) or any other site referred to on Our Services.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Services are secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Services.
9.4 You must not attempt to gain unauthorised access to any part of Our Services, the server on which Our Services are stored, or any other server, computer, or database connected to Our Services.
9.5 You must not attack Our Services by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Services will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Services in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 you must not use Our Services in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 you must not use Our Services to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 you must not use Our Services in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Services if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
10.2.1 suspend, whether temporarily or permanently, your right to access Our Services;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11. Privacy and Cookies
Use of Our Services is also governed by Privacy Policies, available from https://www.flick.games/info/privacy-policy. These policies are incorporated into these Terms and Conditions by this reference.
12. Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Services after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting Us
To contact Us, please email Us at support@flick.games or using any of the methods provided on Our contact page at www.flick.games.
14. Communications from Us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at support@flick.games
15. Data Protection
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.flick.games/info/privacy-policy.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
17 Refunds
17.1 General provisions
All purchases and redemptions of Virtual Items and Virtual Currency made through Service are final and non-refundable. You acknowledge and expressly consent that the provision of Virtual Items and Virtual Currency for use in Service is a process that commences immediately upon purchase and You forfeit Your right of withdrawal once the performance has started.
You agree that Flick Games is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
However, You may address to Google Play Store or Apple App Store to receive a refund in accordance with their refund policies.
Please note that if You request Your personal data to be erased as specified in Flick Games´s Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as Flick Games can no longer associate such Virtual Items and Virtual Currency with You.
YOU ACKNOWLEDGE THAT FLICK GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE SERVICES.
17.2 Subscriptions
Some parts of Our Services are billed on a subscription basis ("Subscription(s)"). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees ("Subscription Fees") chargeable for a set period of time specified in Our Sevices ("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.
Where available, a trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in Our Service. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that any paid Subscription begins immediately from the activation of such paid Subscription and not after the expiry of any trial period. Any unused trial period will therefore be forfeited if a Subscription is activated prior to the expiry of such trial period. You may cancel a Subscription during its free trial period using the Subscription setting of Your Account. Flick Games cannot cancel Your free-trial subscription if it has already been activated.
Subscription is automatically renewable, unless You turn it off at least 24 hours before the expiry of the current Subscription Period. 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.
Flick Games in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If you disagree with the change in Subscription Fee, you may cancel your Subscription for the next Subscription Period following the steps set out above in this Sub-Clause 17.2.
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.
You will immediately stop receiving any benefits such as those provided by joining "Club Flick" that your Subscription provided including any regular free Virtual Items. You will also lose access to any Virtual Items that are only available for Subscribers.