Last Updated 28/04/2023
Boogie Runner Terms Of Service ("TOS")
1. Introduction
1.1. These terms of service (“TOS”) constitute a legally binding contract between you (“user”) and Fawns Interactive (“company”) with respect to your use of the video game titled “Boogie Runner” (“game”) and related services (“services”).
1.2. The TOS apply to all services relating to the game, including but not limited to the use of the game, game updates, virtual currency and virtual goods (defined below) and customer support.
1.3. By accessing, downloading, installing, or using any of the services provided by the game, you acknowledge that you have read, understood, and agreed to be bound by these TOS. If you do not agree to these TOS, you may not access or use the game.
1.4. Fawns Interactive reserves the right to modify, update, or change these TOS at any time, and such changes will be effective upon posting on the game’s website or within the game itself. We will make reasonable efforts to notify you of any material changes to these TOS. Your continued use of the game and its services after such notice constitutes your acceptance of the updated TOS.
1.5. By using the game and its services, you represent that you are 13 years of age or older. If you are under the age of 13, you may only access or use the game and its services with the consent and supervision of a parent or legal guardian. The parent or legal guardian must agree to these TOS and be responsible for all your actions while using the game and its services.
2. Accessing and Using Our Services
2.1. Subject to your compliance with these TOS, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Services. This license is solely for your personal, non-commercial use and does not give you any ownership or proprietary rights in the Services. You may not give, sell, lend, gift, assign, sublicense, or otherwise transfer the license to use the Services to anyone else. We own all intellectual property rights in the Services, including, but not limited to, all copyrights, computer codes, characters, and any other content or materials that make up the Services.
2.2. In order to use the Services, you may need to create or use an existing account. You are responsible for protecting your account and all activities that occur under your account. You agree not to share your account information or allow anyone else to access or use your account. Fawns Interactive reserves the right to reject any user account that violates these TOS or other applicable rules.”
2.3. The Services may contain links to third-party websites or content, or may be accessed through different social platforms and devices. You acknowledge that your use of these third-party services is your responsibility, and that we make no guarantees as to their performance, quality, availability, or cost. The Services may also contain in-game advertisements. While we strive to work with reputable partners, we are not responsible for the content or services provided by these third parties. Your use of these third-party services is subject to the terms and conditions of the relevant third party, and constitutes an agreement between you and that third party, to which Fawns Interactive is not a party.
2.4. The Services may contain flashing images or other content that may be harmful or cause seizures in users with epilepsy. If you have a history of epilepsy or have experienced seizures in the past, please consult your doctor before using the Services. If you experience any symptoms such as dizziness, disorientation, or loss of awareness, immediately stop using the Services and seek medical attention. By using the Services, you acknowledge and accept the potential risks associated with such content and agree to use the Services at your own risk.
2.5. Prohibited User Activities
You agree not to engage in any of the following activities while using the game and its related services:
I. Behaving in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of someone else’s privacy, hateful, or racially, ethnically or otherwise objectionable towards Fawns Interactive staff, partners, other users of the Services, or members of the community is strictly prohibited. Fawns Interactive reserves the right to monitor messages and take action to prevent the use of chat or other communication systems that violate this rule. If you believe that someone has violated this policy, please report their behaviour to support@fawnsinteractive.com.
II. Copying, renting, selling, lending, leasing, sublicensing, distributing, publishing or publicly displaying the Services, virtual currency or virtual goods (defined below), any user account, or any of the user’s rights under these TOS to any other party in any way not expressly authorized herein.
III. Modifying, merging, distributing, translating, reverse engineering, or attempting to obtain or use source code of, decompile or disassemble the Services.
IV. Hacking, harming, griefing, harassing, threatening, or otherwise misusing the Services, other users of our Services or any Fawns Interactive products, games, services, community members, or staff.
V. Creating, using, making available, and/or distributing cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools, or any other software that interacts with or affects the Services in any way is strictly prohibited. This includes, without limitation, any unauthorized third-party programs that intercept, emulate, or redirect any communication between Fawns Interactive or its partners and our Services, as well as any unauthorized third-party programs that collect information about the Services by reading areas of memory used by the Services to store information.
VI. Sharing, buying, selling, transferring, gifting, lending, stealing, or misappropriating user accounts or the Services access keys/codes. If you are concerned that any of these actions have happened to your account, please contact customer support at support@fawnsinteractive.com.
VII. Performing in-game services for others like power-leveling, boosting or ladder-climbing, whether or not in exchange for payment (real money or otherwise) from others.
VIII. Using the Services for the purpose of commercial advertising, promotion, spamming, or sending unsolicited messages.
IX. Intentionally disrupting or interfering with the services, any other Fawns Interactive services such as customer or technical support, or impersonating Fawns Interactive staff.
X. overloading, obstructing, or disturbing the services or any third-party network software or servers. This includes, but is not limited to, using tunneling, code injection or insertion, denial of service, modifying or altering the software, using any other similar software with Fawns Interactive software, protocol emulation, or creating or utilizing private servers or any analogous services related to the Services.
XI. Accessing servers that have not been made available to the public.
XII. Using unauthorized third-party software or spyware, including pixel tags, cookies, GIFs or similar items, to intercept, mine, or collect data or information from the Services or other users of the services.
XII. Using user accounts, virtual goods or virtual currency (defined below) for anything other than their intended purposes.
XIII. Using Fawns Interactive, Boogie Runner or any other names of any Services or other Fawns Interactive names or logos or trademarks for any unauthorized purposes.
XIV. Engaging in any activity that violates the intellectual property, privacy, publicity, or any other rights of others, including but not limited to copyrighted materials, trademarks, patents, trade secrets, images, photographs, sound files, text files, graphics files, and any other material or information.
XV. Uploading or posting any files that contain viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, or any other malicious code that could damage or disrupt the functioning of the services.
XVI. Failing to comply with any relevant geographic or regional, language or location-based restrictions, requirements or regulations related to the services.
2.6. Engaging in any of the activities detailed in 2.5. will be considered a material breach of these TOS, which may lead to suspension or cancellation of your access and use of the services.
3. User Generated Content
3.1. Boogie Runner may offer you the ability to create, upload,
or share content, including but not limited to comments, messages, photos,
videos, and other materials (“User Generated Content” or
“UGC”). By submitting UGC, you agree that:
I. You own or have obtained all necessary rights, licenses,
permissions, and consents to use, reproduce, display, distribute, and modify
the UGC in connection with Boogie Runner and any related marketing or
promotional activities.
II. You will not submit UGC that violates any applicable
laws, regulations, or third-party rights, including but not limited to
intellectual property, privacy, publicity, or defamation rights.
III. You grant Fawns Interactive and its affiliates a
non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable,
and transferable license to use, reproduce, display, distribute, and modify the
UGC in any form, media, or technology now known or later developed for any
purpose, including but not limited to improving, promoting, and operating
Boogie Runner.
IV. You acknowledge and agree that Fawns Interactive has no
obligation to use or retain your UGC, and may remove or delete your UGC at any
time and for any reason without notice or liability to you.
V. You represent and warrant that your UGC does not contain
any viruses, malware, or harmful code that may damage, interfere with, or
disrupt Boogie Runner or any user’s device or data.
VI. You agree to indemnify, defend, and hold harmless Fawns
Interactive, its affiliates, and their respective directors, officers,
employees, agents, licensors, and suppliers from and against any claims,
liabilities, damages, losses, costs, and expenses (including reasonable
attorneys’ fees) arising out of or related to your UGC, your use of Boogie Runner,
or your breach of these TOS.
3.2. Fawns Interactive does not endorse or control any UGC, and
disclaims all liability for any UGC posted, uploaded, or shared by users of
Boogie Runner. Fawns Interactive may, but is not obligated to, monitor, screen,
or moderate UGC, and reserves the right to remove or delete any UGC at any time
and for any reason without notice or liability to you.
3.3. By submitting UGC, you acknowledge and agree to these terms
and conditions, as well as the other terms and conditions of these TOS, which
govern your use of Boogie Runner. If you do not agree with any of these terms,
please do not submit any UGC to Boogie Runner or its related services.
4. Virtual currency and Virtual Goods
4.1. Virtual Currency
I. Boogie Runner may offer virtual currency (“virtual currency”), such as boogie coins, that can be used to purchase virtual goods or to unlock certain features in the game.
II. The virtual currency has no real-world value and cannot be exchanged for real money, goods, or services.
III. Fawns Interactive reserves the right to modify the virtual currency balance of any user at any time and for any reason, without liability to the user.
4.2. Virtual Goods
I. Boogie Runner may offer virtual goods (“virtual goods”), such as characters or songs, that can be purchased with virtual currency or real money.
II. Virtual goods have no real-world value and cannot be exchanged for real money, goods, or services.
III. Fawns Interactive reserves the right to modify, add, or remove virtual goods from the game at any time and for any reason, without liability to the user.
IV. Virtual goods are non-transferable and cannot be sold, traded, or gifted to other users.
4.3. Refunds
I. Users are not entitled to refunds or exchanges for virtual currency or virtual goods purchased in Boogie Runner.
II. In the event of a technical issue or error, Fawns Interactive may, in its sole discretion, refund or credit virtual currency or virtual goods to the user.
5. Termination
5.1. Users may terminate these TOS at any time by stopping access and use of the services.
5.2. Fawns Interactive may terminate a user’s access to Boogie Runner at any time, for reasons including but not limited to, being in violation of the TOS, infringement of intellectual property rights, or fraudulent activity.
I. Upon termination, the user’s will lose access to any virtual currency or virtual goods associated with the account. We maintain that if the user is terminated in the manner governed by suspension or cancellation, then we will not have any obligations or liabilities to you at all.
5.3. Fawns Interactive reserves the right to take legal action against users who engage in fraudulent or illegal activities within the game.
5.4. Fawns Interactive reserves the right to stop providing the Services permanently. We will try to give you at least sixty (60) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities.
5.5. If a Force Majeure (defined below) event continues for more than thirty (30) days, either party may terminate the TOS by giving written notice to the other party.
I. Upon termination, any virtual currency or virtual goods associated with the user’s account will be forfeited.
6. Force Majeure
For purposes of these TOS, “Force Majeure” means any event beyond the reasonable control of Fawns Interactive, including, but not limited to, acts of God, wars, strikes, lockouts, riots, acts of terrorism, fires, floods, earthquakes, or any other natural or man-made disaster.
6.1. Fawns Interactive will not be liable to the user for any failure to perform any obligation under the TOS if such failure is due to a Force Majeure event.
6.2. Fawns Interactive will make reasonable efforts to minimize the impact of any Force Majeure event on the user’s access to Boogie Runner, but does not guarantee that access to the game will be uninterrupted or error-free during or after a Force Majeure event.
6.3. Fawns Interactive will use reasonable efforts to provide notice to the user of any Force Majeure event and its impact on the user’s access to Boogie Runner.
6.4. Fawns Interactive will not be liable for any failure to provide notice if such failure is due to a Force Majeure event.
6.5. Nothing in this section shall excuse the user’s obligation to pay any fees or charges owed to Fawns Interactive under the TOS.
6.6. This section shall not be construed to limit or waive any of Fawns Interactive’s other rights or remedies under the TOS or applicable law.
7. Governing Law and Jurisdiction
7.1. Governing Law
I. The TOS shall be governed by and construed in accordance with Scots law, without regard to conflict of law principles.
II. Any disputes arising out of or relating to the TOS shall be resolved in accordance with the provisions set forth below.
7.2. Jurisdiction
I. Any dispute arising out of or relating to the TOS shall be subject to the exclusive jurisdiction of the courts of Scotland.
II. The user agrees to submit to the personal jurisdiction of the courts of Scotland for the purpose of resolving any such dispute.
7.3. Waiver of Jury Trial
I. The user acknowledges and agrees that any dispute arising out of or relating to the TOS shall be resolved solely through arbitration, and the user waives any right to a jury trial in connection with any such dispute.
7.4. Severability
I. If any provision of the TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.
7.5 Entire Agreement
I. The TOS constitutes the entire agreement between the user and Fawns Interactive with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the user and Fawns Interactive with respect to such subject matter.