terms and conditions

 

Effective date: 25 November 2020

  1. Introduction

These Terms and Conditions are the legally binding terms of services (“TOS”) for all DrowsyFox LLC games including Break Orbit available on Apple App Store (IOS) and Google Play Store (Android), the websites including drowsyfox.com and breakorbit.io (collectively “Site”) and other related services (collectively “Services”). Throughout these Terms and Conditions, the terms “we”, “us”, “our”, “DrowsyFox™” and “Break Orbit” refer to Drowsy Fox LLC which is operated from Virginia, USA.

Games comprise of our video Game softwares (“Game”), the associated media, any software associated with the online mode of the video Game, any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials developed by DrowsyFox LLC.  

By visiting any of our websites and/ or downloading any of our Games, you (“User”) engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of our sites and games including without limitation users who are browsers, users, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. 

Please read these Terms carefully before downloading, installing or using the Game and when using our Site. By downloading, installing, accessing, the Game or by the browsing the Site, you accept and agree to these Terms which bind you legally. If you do not agree with these Terms, our Privacy Policy, or any other of our policy, you should not use the Services.

  1. General Information

  • About. DrowsyFox™ is an indie game studio consisting of a small team of people who are passionate about creating meaningful and thrilling experiences through casual gaming, please find more details on www.drowsyfox.com or by downloading our Games.

  • Sole discretion. We reserve the right to add/discontinue any Game or service anytime at the sole discretion and without notice. 

  1. App/Game Updates and Functionality

From time to time, updates to the Game shall be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the Game, you may not be able to play the Game until you have installed the latest version. In addition, you acknowledge that the Game is provided over the Internet and mobile networks and so the quality and availability of the Game may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Game. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Game, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Game. 

The content of the games can update (i.e. shop content, levels) without users EXPLICITLY updating the game through the AppStore/Google Play.

  1. App/Game Versions

Access and Game play is free with Advertisements. Gameplay may contain third party services such as video offers and in-Game advertisements.  There are in-App purchases which provides the feature to “remove ads” when playing the Game. However, users purchasing the “remove ads” feature can continue watching ads/and videos to avail additional bonuses and rewards on the Game. 

  1. Store Rules

With respect to downloading the Game, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the Game may be dependent on the App Store or Play Store from which you receive the Game. You acknowledge these Terms are between you and DrowsyFox LLC and not with the App Store or Play Store. The App Store and Play Store are not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you. 

  1. IAP & In-Game Currency 

Some of the games have gems (“Virtual Money”) in gameplay, which can be obtained (“Consumable IAP”) by either purchasing them with real currency or obtained during game play through out means e.g. watching ad video.  Users can use gems to purchase various different features on the game including but not limited to character skins and basic currency which deemed as coins.

  • You agree that once purchased Virtual Money have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money to anyone else.

  • You do not own Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

  • You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Prices for all Virtual Money exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law. 

We reserve the right to control, regulate, change or remove any Virtual Money without any liability to you at any time..

  1. Permitted use 

You agree to use the Site, Game and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Use the Services for any illegal or unlawful purpose;

  2. Access any of the Services by any means other than through the interface that is provided by us;

  3. Gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services, our networks, and computer systems;

  4. Access any of the the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

  5. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

  6. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services for any purpose except those permitted; and

  7. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by us in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.

  1. Limited License 

We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site and the Game or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site, Game or any other user.

Your use of this Site and the Game is at your own risk. You agree that you will be personally responsible for your use of this Site and the Game. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent basis and any decision to do so is final.

  1. Accounts, Registrations, and Passwords

You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer and mobile/tablet.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. We are not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond our control. Multiple profiles of the same person are not allowed on the Game.

  1. Intellectual Property Rights

Do not use DROWSYFOX™, BREAK ORBIT, or any other names of any Services or other DROWSYFOX LLC names or logos or trademarks for any unauthorized purposes.

Your use of our Site, Game and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site and Game.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Site and the Game, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only for promoting our products/services on blogs, social media and video sharing platforms. If you want to use for any other purpose, you may only use with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at press@drowsyfox.com

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site and Game.

  1. Digital Millennium Copyright Act

We expect all users to respect the intellectual property rights of others. We may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at press@drowsyfox.com.  The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for us to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

  1. Monitoring Activity

We have no obligation to monitor this Site and the Game or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. 

  1. User Postings

Users at their sole responsibility are permitted to post Gameplay videos/commentary and we have no obligation and responsibility to monitor them.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DROWSY FOX LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, GAME AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND GAME AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND GAME IS AT YOUR OWN RISK. 

  1. Limitation of Liability

You agree that in no event we be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site and Game or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Game secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use the Game and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the Game. 

  1. Third Party

We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party Web sites and services accessible via hyperlink or Web sites linking to the Site/Game if any. Such Third party services are not under our control and we are not responsible for the content of any thirdparty, linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate through our platform. 

  1. Indemnification

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  1. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Virginia,United States and you hereby submit to the exclusive jurisdiction of the Virginia courts.

  1. Children

For more information, please refer to the ‘Children’ section in our Privacy Policy.

  1. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website or the Game by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site and Game constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

We are not liable for any delays caused by circumstances beyond our control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power, communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. 

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and us concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site and Game. 

  1. Violation and Termination

Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content/Services or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the Game, the Services, the Content, DrowsyFox LLC, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/user for any reason, including for any violation of these Terms. 

  1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly get in touch:

DrowsyFox LLC

Email: press@drowsyfox.com