- The Game
The Game is a single-player casual simulation game. The Game lets the player draw and sell their own art in a virtual world with the goal to become a renowned artist. The Game is played in single player mode.
- Access to the Game
- Third Party Accounts
If enabled by Flamebait in its sole discretion, you may establish an account with account data provided to Flamebait by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Flamebait, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
- Products and services
Flamebait reserves the right to add, modify, or delete/cancel the Game, including your access to the Game at any time. Flamebait makes no representation or warranty as to the completeness or accuracy of the Game nor does it represent or warrant that the Game will be available at all times or at any time. The Game may be incomplete, may contain errors etc. Flamebait makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an “as is” basis without any express warranties.
You agree to fully pay for the Game and any and all products and services ordered in the Game. You are responsible for providing Flamebait and/or the platform/service providers with valid credit card information to secure payment. Flamebait and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Flamebait or the platform/service providers confirm all subscriptions, purchases and may send initial login or activation information by email once Flamebait or the platform/service provider have had the opportunity to confirm your purchase.
- Payment terms
In order to access and play the Game, access certain additional content, premium services etc. you may be required to pay certain fees (the Game and any applicable premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages, the game webpage etc. Flamebait may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Flamebait and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Flamebait or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, UNLESS STATED OTHERWISE IN THIS AGREEMENT OR IN THE PLATFORM/SERVICE PROVIDER’S TERMS AND CONDITIONS.
However, a remaining portion of the payment may be credited in Flamebait’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Flamebait or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Flamebait or the platform/service provider are not required to collect) and for all hardware, software, Internet, and related equipment (where applicable; platform specific VR headsets/screen etc.) and other costs you incur to access and play the Game. Flamebait and/or the platform/service providers reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Flamebait or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
- Delivery of products and services
Flamebait provides the Game on an “as is” basis. Flamebait or the platform/service provider shall endeavor to deliver the Game that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Flamebait or the platform/service provider shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of the Game, product or service, or a refund of the purchase price paid for the Game, product or service, as determined by Flamebait or the platform/service provider in their sole discretion.
- Links to other Games
The Game, platforms etc. may contain links to other Games, websites, services etc. Flamebait does not review or evaluate any Games, websites, services etc. linked to in the Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such Games, websites, services, the platforms etc. You should carefully review the respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Flamebait be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, products, goods, or services etc. available on such Games, websites, services, platforms etc.
Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Flamebait, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
- Disclaimers and limitations of liability
THE GAME IS PROVIDED BY FLAMEBAIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAMEBAIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FLAMEBAIT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF FLAMEBAIT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH FLAMEBAIT PROVIDE RULES FOR USER CONDUCT AND POSTINGS, FLAMEBAIT DO NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. FLAMEBAIT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
- Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT FLAMEBAIT SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FLAMEBAIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FLAMEBAIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAMEBAIT OR AN FLAMEBAIT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
FLAMEBAIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FLAMEBAIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Flamebait takes no responsibility for such effects and end results and you are accessing and playing the Game on your own risk. Nor does Flamebait take any responsibility for motion sickness, any balance problem that may occur from the playing of the Game etc.
- Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Flamebait or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
- Intellectual Property Rights
Flamebait Intellectual Property
End User License to play the Game
By registering an account and paying the applicable fees you obtain a personal, single, revocable license to play the Game in accordance with section 9. All references in this Agreement to the “purchase” of the Game shall mean the obtaining of a license to play the Game, and all references to “sale” or “selling” of the Game shall mean the granting of a license to play the Game.
End User Intellectual Property
In the Game you may create certain content such as animated paintings etc. (“Submissions”). Except for the Flamebait Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, created and submitted by you for use in the Game. That portion of a Submission that is not Flamebait Content is sometimes referred to herein as “End User Content”. By publishing any Submission containing End User Content in the Game you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your End User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.
Flamebait License to End User Intellectual Property
You agree that Flamebait shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free, fully paid up, right and license to utilize, perform, reproduce, incorporate in to the Game modify, edit, publicly perform, publicly display, distribute and make derivative works from your End User Content as contained in the Submissions in the Game, on its Websites and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your End User Content and Submissions, and any derivative works created therefrom, in its products and services. For example, Flamebait may use your End User Content and Submissions in marketing and promotional materials for the Game, on channels like YouTube, Twitter, Facebook etc, in merchandizing materials etc.
- Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Flamebait’s rights to control the Game’s environment, and the conduct of the End Users within that environment, Flamebait prohibits the following practices that Flamebait has determined detract from the overall user experience and you are strictly prohibited from:
- Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
- Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Flamebait;
- Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
- When naming any object, character, team, guild or clan etc. you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
- You may not post or communicate any player’s real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
- You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
- You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
- You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Flamebait;
- You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
- You may not impersonate Flamebait, its’ employees etc;
- You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
- You may not violate, or encourage others to violate, any local, state, national, or international laws or regulations;
- You may not market, promote, advertise, or solicit products or services in the Game;
- You may not modify any part of the Game, or Clients, Servers etc;
- You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
- You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
- You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
- You will follow the instructions of authorized personnel in or related to the Game;
- You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
- You may not provide false information or intentionally hide any information when registering for your account in the Game;
- You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
- You will not attempt to play the Game on any server or platform that is not controlled or authorized by Flamebait, its designees or platform/service providers;
- You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Flamebait;
- You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- Using Flamebait’s copyrights or trademarks or any confusingly similar marks;
- Uploading invalid data, viruses, worms, or other software agents to the Game;
- Collecting information from other End Users without obtaining their consent; or
- Communication and Feedback
Flamebait may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Flamebait may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Flamebait. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Flamebait, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Flamebait and acknowledge that Flamebait may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Flamebait by following the specific instructions in promotional messages or by our customer support at email@example.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
- Electronic communications
When you play the Game, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Flamebait finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
- User Disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
- Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Skaraborg (Skaraborgs Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(c) Notwithstanding anything to the contrary, Flamebait may apply to any court of competent jurisdiction for injunctive or other equitable relief.
- Entire agreement
The Game and related products and services hereunder are offered by Flamebait AB, a Swedish corporation, with registered and business offices at Kaplansgatan 16 B; 541 34 Skövde, Sweden, email: firstname.lastname@example.org.
Last Updated: August 1, 2017