1.1 We want to make sure that the Websites (www.fortunefish.co.uk & www.fashionar.com) and Applications (Fashion AR) that we operate (collectively known as our Services), are friendly and safe places to be creative and to connect and share with likeminded people. It is important that we have certain rules and regulations to help us to keep it that way. Please take some time to have a look through these terms so you understand what you can and can't do within our Services.
1.2 Our Services are operated by FortuneFish Limited, a company registered in England and Wales at 4 Experian Way, NG2 Business Park, Nottingham, NG21EP ("FortuneFish", "we" or "us"). If you wish to contact us please email us at email@example.com.
1.4 Our Applications are aimed at people aged 13 or over and you must be at least 13 to use our Applications. If you are 12 or under, you must not use our Applications.
1.7 We may also develop and make changes to our Services, e.g. by adding new or deleting existing features, adding or removing virtual products or changing or adding new rules. Application updates specifically may be available on your relevant App Store.
1.8 You are responsible for all activity on our Services on your device(s), including their security. If you think anyone has accessed our Services on your device(s) without your permission, please let us know.
2. YOUR PERSONAL INFORMATION
2.2 It is important that you understand that any personal information which you submit to or put on our Services, including photos of you or other people and conversations in the discussion forums, will become public. You must make sure that your friends and other people say you can put their information or photo on our Services in advance.
3. YOUR SAFETY
3.1 When you are using our Services and in particular our Applications, please make sure that you play and communicate safely, particularly when taking photographs in public places.
3.2 You are responsible for your conversations and dealings with other users of our Services. Please consider the Community Guidelines available on each Applications respective website when interacting with others.
3.3 If you are concerned about who you are talking to or what they are saying, please tell a parent/guardian and report it to us by emailing firstname.lastname@example.org.
4. IN APP PURCHASE OF VIRTUAL MONEY AND OTHER ITEMS
4.1 It is free to download and access our Services. You can buy and earn virtual money and/or other in-game items ("Virtual Items") for use in our Applications. Purchases are not necessary to allow you to use our Applications but may help your progress or enjoyment of the game.
4.2 You must get permission from whoever is paying the bill/the App Store account holder before purchasing any Virtual Items. If you do not have permission, do not buy any Virtual Items
4.3 You are responsible for and agree to pay for anything that is bought through your device(s) whether or not authorised by you.
4.4 Purchases of Virtual Items are made through the relevant App Store platform from which you downloaded our Applications e.g. the Apple or Android App Store and are subject to the relevant App Store provider's payment terms and conditions which you should read before you make any payments. FortuneFish is not a party to and is not responsible for the payment arrangements and does not control how you pay for the Virtual Items. If there are any problems with your payment, please contact the relevant App Store provider to resolve these.
4.5 Prices for Virtual Items are shown in local currency and do not include any taxes or charges that apply in the country where you access our Applications. Prices for Virtual Items may change from time to time. The new prices will be displayed within the respective Applications.
4.6 If we make a mistake in relation to the pricing of or the purchase of Virtual Items, we reserve the right to cancel or refuse any orders. We will credit you the amount you have paid for any orders we have to cancel or refuse.
4.7 When you buy or earn Virtual Items, we give you a non-exclusive, personal, non-transferable, non-sub-licensable and revocable licence to use these Virtual Items to play our Applications, but you do not own these Virtual Items.
4.8 We may restrict how many Virtual Items you can buy in a particular timeframe or how or when they can be used within our Applications.
4.9 Virtual Items are payable in advance and have no "real world" cash or other value outside of our Applications. Virtual Items cannot be changed back into cash or other currency. Purchases of Virtual Items are final and not refundable once the payment has been processed and cannot be given or sold to anyone else. You shall not offer to buy, sell or transfer any Virtual Items to anyone else. We may cancel your Virtual Items if you do. However, some of our Applications include the ability to temporarily “lend” Virtual items to other users.
4.10 We are not liable for any Virtual Items that you lose or which are spent, including as a result of any game play interruptions or game termination however caused.
4.11 You agree that we do not have to give you any refund for or any other compensation relating to Virtual Items, including when your account is suspended or terminated and/or if you stop using and/or delete an Applications.
4.12 Your service provider may charge you for data usage when you use our Services on a device that is not connected to Wi-Fi. You are responsible for the payment of any other fees relating to the use of our Services, e.g. internet and data costs and data roaming costs.
5. OUR RIGHTS IN OUR SERVICES AND PERMISSIONS WE GIVE TO YOU
5.1 We own the copyright and other intellectual property rights in all our Services, including Virtual Items, themes, stories, videos, animations, sounds, images, graphics, data, content and user interface and in the underlying software of our Services ("Our Content"). You agree that you do not and will not have any rights in our Services or Our Content, except for the limited licences referred to below.
6. YOUR CONTENT AND PERMISSIONS YOU GIVE TO US
6.1 You are responsible for all content, images, data and information and text/chat that you create in or submit to our Services ("Your Content").
6.2 You agree to comply with all laws that apply to Your Content. In particular you shall not create, share, submit or upload any of Your Content, including on any discussion forums, that:
6.2.1 is unlawful, libellous, defamatory, obscene, discriminatory, indecent, suggestive, harassing, bullying, threatening, abusive, inflammatory or fraudulent or which infringes or violates another person's rights (including, intellectual property rights, or rights of privacy or publicity);
6.2.2 includes content that directly attacks, threatens, or incites others to, attack, harm, harass, abuse, stalk, threaten, or defame other people, including based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity or disabilities;
6.2.3 would be, encourage or provide instructions for a criminal offence, promote self-injury or suicide, violate the rights of any person or otherwise create liability or breach any local, state, national or international law;
6.2.4 promotes or incites acts of terrorism;
6.2.5 may infringe any trade mark, trade secret, copyright or other intellectual property right of any party;
6.2.6 contains any wording that does not reflect your honest views and experiences or which is false or misleading;
6.2.7 impersonates, or misrepresents your connection with, any person or entity;
6.2.8 contains "junk mail", "spam", advertising or political campaigning;
6.2.9 contains any confidential, private or personal information of another person without such person's consent; or
6.2.10 is, in our opinion, not acceptable or that restricts or prevents any other person from using or enjoying our Services, or that may damage or harm us, our brand or others.
6.5 Except for Our Content which you use in or with Your Content, we do not own any rights in Your Content which you may use as explained in Clause 6.2 above. You grant to us an exclusive, perpetual, irrevocable, payment free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, copy, publicly perform or display, translate, store, cache, back up, create derivative works of and otherwise exploit Your Content and any name, username and likeness provided in connection with Your Content, for our purposes, including the purposes of operating, making available, maintaining, updating, improving and advertising our products and Services. You must not allow anyone else to use Your Content. Where Your Content includes any third party owned content, you confirm you have their consent to grant this licence to us.
6.6 The licences you grant to Your Content will continue even if we terminate your access to our Services and/or you delete our Applications from your device(s).
6.7 You agree that we do not have to say that Your Content belongs to you when we use it and you waive any moral or similar rights in relation to Your Content.
7.1 We would love to hear your feedback and comments about our Services, in particular if you have found any errors in or have any concerns about their performance or content. You may submit error reports, questions, comments, suggestions, ideas, original or creative materials or other information about our Services by emailing us at email@example.com. We may also collect analytical data about your use of our Services through monitoring how you play the game and use our Services.
7.2 You agree that we may use any analytical data we gather and any feedback, comments, suggestions, ideas, original or creative materials or other information about our Services which you provide to us whether through the contact process or otherwise e.g. online reviews for any purpose, including to improve our products and Services without acknowledging or payment to you.
7.3 We would be grateful if you could give us a chance to fix errors or other areas you are unhappy with before you leave any reviews about our Services.
8. THIRD PARTY LINKS
Our Services may contain links to unconnected third-party websites, including social media platforms. These third-party websites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You should make your own mind up about how you access and use any third-party websites, including the purchase and use of any products or services accessible through them.
9. OUR RESPONSIBILITY AND LIABILITY
9.1 We will try to make sure that our Services are available, functional and run smoothly but we cannot guarantee this and our Services are provided on an "as is" and "as available" basis with no warranties of any kind. We also cannot guarantee the behaviour or content of other users of our Services. You agree that you use our Services at your own risk and that we will not be responsible or liable for:
9.1.1 the completeness, accuracy, availability, speed, security or reliability of our Services and their content. If you notice any bugs or errors with our Services, please report it emailing us at firstname.lastname@example.org;
9.1.2 the deletion of, or the failure to store or to transmit, any material or content stored in our Services;
9.1.3 any harm to your device(s), loss of data, or other harm that results from your access to or use of our Services;
9.1.4 any offensive, inappropriate, obscene, unlawful, or otherwise unacceptable images or content posted by users that you may encounter on our Services. If you are concerned about any such content, please report it to us by emailing email@example.com; and
9.1.5 any events outside of our reasonable control.
9.2 To the extent permitted by applicable law, FortuneFish and our subsidiaries, affiliates, officers, employees, agents, partners and licensors ("FortuneFish Parties") are not and will not be liable whether in contract, tort (including negligence) or otherwise, for any direct, indirect, incidental, special or consequential loss or damages, including without limitation, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of getting substitute goods or services, loss of good-will, or other intangible losses, relating to your access to or use of our Services and/or any content contained on our Services, whether or not we knew of or ought to have known of the possibility of such damages.
9.3 Where we cannot exclude our liability entirely, the total liability of the FortuneFish Parties, for any claim arising out of or relating to our Services is limited to the greater of £1,000 or the amounts paid by you to us in our Services in the 6 months prior to the claim.
10.1 You agree to indemnify and hold the FortuneFish Parties harmless from any claim, including legal fees, arising out of.
10.1.2 the use of Your Content;
10.1.3 your use of our Services;
10.1.4 your behaviour in our Services; and/ or
10.1.5 your breach of any law or the rights of a third party.
11. INTELLECTUAL PROPERTY COMPLAINTS
We take intellectual property rights very seriously. If you have any concerns about any of the intellectual property used in our Services, please contact us at firstname.lastname@example.org.
12. OUR RIGHT TO STOP YOU USING FASHION AR
12.3 You can terminate your account at any time by deleting our Services from your devices.
12.4 If we suspend or terminate your access to our Services and/or if you delete our Services from your devices, you will not be entitled to any refund of any Virtual Items purchased through our Services.
13. WHO HAS RIGHTS UNDER THIS AGREEMENT
13.1 This agreement is between you and us and does not give any rights to third parties.
13.2 You must not transfer any of your rights under this agreement to any third party.
13.3 We can transfer our rights under this agreement to others e.g. if we sell all or part of our business to someone else.
14. DISPUTES AND LAW
15. GENERAL TERMS
15.4 If we do not enforce any of the terms or delay in doing so, this will not constitute a waiver of our rights.
16. TERMS APPLYING TO APPLE IOS USERS
The following terms apply if you are accessing or using Fashion AR on an Apple Inc. (“Apple”) mobile device.
16.1 Acknowledgement. The Terms are concluded between FortuneFish and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
16.3 Maintenance. FortuneFish is not obliged to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.