Terms & Conditions
1. Welcome to Fantasy Football!
These Terms of Use are entered into between you (as “You” or “Your”), as a Tester and, on the other side, FUNCY DIGITAL INC., with its headquarters at Bethel Worldwide Corporation, Bethel House, P.O Box 4749, Road Town, Tortola, British Virgin Islands (as “Company”, “Us” or “We”).
By accessing the Beta Trial, you fully agree that you have read, understood, and accepted all the terms and conditions stipulated in these Terms & Conditions (hereinafter referred to as “Terms”).
When you decide to access, test or use specific features described or pre-available on the Game, you may be subject to specific additional terms and conditions that will be available in the corresponding section (if applicable).
Accessing and using in any way our Game you fully acknowledge to be bounded by these Terms and shall form a legal agreement and create a binding contract between you and us.
2. Definitions (a-z)
“Applicable Law”means any law, statute, regulation, code, ordinance, norm, court decision, order, decree or any other normative or administrative act in British Virgin Islands, as well as any other decision, requirement or recommendation issued by a public authority or any interpretation or application of the above by a public authority, provided that any of the above has a binding effect by itself.
“Beta Trial”means the limited testing phase during which the Company makes the Game, or certain pre-release versions or features of the Game, available to the Tester for evaluation, testing, and feedback purposes. The Beta Trial is conducted solely to identify bugs, performance issues, usability concerns, or other defects and to assess the functionality and operation of the Game prior to its public release. The Beta Trial shall take place for one month (hereinafter refered to as “Testing Period”), as determined and communicated by the Company, and access to the Game may be modified, restricted, or terminated by the Company at any time during such period.
“Confidential Information”refers to any non-public, proprietary, or sensitive information disclosed by the Company, whether in written, oral, electronic, or other forms, that is designated as confidential, including but not limited to (a) any and all information relating to, contained in or relayed through the Game software, the Game, and the Game program, including, without limitation, information relating to: (i) the performance, capabilities and contents of the Game materials, (ii) the Feedback, (iii) any other Game participant's Feedback, and (iv) any Company employee's feedback and comments, (b) the existence and terms of this Agreement, and (c) any and all information relating to the future or proposed games, services or business operations of the Company.
“Feedback”means any comments, suggestions, reports, or other information provided by the Tester regarding the performance, functionality, or operation of the Game, provided to the Company in accordance with Section 7 of the present Terms.
“Game”refers to the online fantasy football game “Fun Fantasy Football” developed by Us in which users create and manage virtual teams composed of real-world football players and compete based on the players' performance in actual matches.
“Tester”means the individual or entity authorized by the Company to access and test the Game for the purpose of identifying bugs, usability issues, or other feedback.
“Test Environment”means a dedicated setup replicating the production environment, allowing for software testing and validation by the Tester before deployment to the live system.
3. General Provisions
You agree that all tasks that You may undertake for or on behalf of the Company relating to the Beta Trial, whether at the request of the Company or otherwise, shall be performed without monetary or financial compensation or benefit of any kind, and without any expectation of such financial compensation or benefit now or in the future. This paragraph will survive the termination of these Terms.
4. Your role
4.1. In connection with the Beta Trial You may provide comments to the Company from the perspective of an end user consumer concerning the features or related elements of the Game. You agree to perform such tasks as the Company shall direct related to the Beta Trial in a timely manner as requested by the Company.
4.2. You acknowledge the reliance of the Company on Your honest, good faith, and unbiased commentary, suggestions, and evaluations of the Game during the Beta Trial. You represent and agree that You will act at all times with the highest ethical standards in connection with Your participation in the Beta Trial.
4.3. In the case of withholding or failing to report any discovered bugs, glitches, vulnerabilities, exploits, or security weaknesses in the Game during the Beta Trial, or related systems for the purpose of gaining an advantage, personal benefit, or to exploit such issues, such an action will be deemed a violation of Section 9, and the damages pursuant to Article 7.6 shall be applicable.
4.4. Nothing contained in these Terms shall in any way constitute or establish an intention of any employment relationship, association, partnership, or joint venture between the parties hereto. Neither party shall have the right, power, or authority to make any representation or warranty on behalf of, or to assume or create any obligation, whether express or implied, binding on, the other party in any manner whatsoever.
5. Limited License to Use
5.1. Subject to Your compliance with the Terms, the Company grants to You, for Your personal and private use only, a nonexclusive, revocable, nontransferable license to use the Game and its related software, content, and services solely in connection with Your participation in the Beta Trial. You may not participate in the Beta Trial or use the Game for any other purpose or using any other method.
5.2. You agree that all intellectual property associated with or relating to the Beta Trial, the Game, software, techniques, know-how, processes and methodologies (including but not limited to test results, statistical information, and other information generated from or created during the undertaking of the Beta Trial) are and shall remain the sole and exclusive property of the Company. Except for the express license set forth above, nothing in these Terms shall be construed in any way to grant You any license, right, interest, or expectation whatsoever, express or implied, under any patent, trademark, copyright, trade secret, know-how or technology that the Company may now have or hereafter have or generate relating to the Beta Trial or the Game, these Terms, other projects of the Company or the Company affiliates' projects or property that may be disclosed hereunder. Nothing in these Terms shall be construed in any way to create or confer a right, interest, or expectation of You in or to any tangible or intangible property or property right of the Company, or in or to any the Company information which may be disclosed by the Company to You. This Section will survive the termination of the Beta Trial.
5.3. You agree that The Company may terminate the Beta Trial and the license set forth above at any time, including without limitation, prior to the commercial release of the Game. In addition, the Company may revise and change the Game at any time during the Beta Trial.
5.4. Prior to the termination of the Beta Trial for the Game, the Company may limit access to and use of the Game, including without limitation, when the Company is making updates and changes to the Game.
5.5. During the course of the Beta Trial, regular and unscheduled wipes of player progression (which may include characters, character names, team configurations and names and/or other personas) and/or saved games (which may include inventory) may occur at any time, at the sole discretion of the Company. The Company makes no guarantees about the persistence or availability of player progression or inventory items at any time during the Beta Trial and assumes no liability for lost or deleted account data.
6. Feedback
6.1. You acknowledge that The Company may request from You and You may provide to the Company suggestions, feedback, commentary, ideas, concepts, inventions, players, plots, titles, designs, art work, programs, programming techniques, or other statements concerning the Game or other Confidential Information.
6.2. You acknowledge that all Feedback, expressly including but not limited to any and all patent, copyright, trademark, trade secret and other intellectual property rights related to the Feedback, is original, voluntary and automatically shall become the property of The Company and its designees. You acknowledge and agree that the Company shall be free to disclose and use Your Feedback as The Company sees fit without any obligation of any kind to You. You hereby assign and agree to assign The Company all right, title, and interest in and to, and hereby waive and agree not to exercise any “moral rights” to, all Feedback provided to The Company that relate to the Beta Trial (including the Game and Confidential Information).
6.3. To the extent that The Company cannot claim exclusive ownership rights in all Feedback by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law You hereby expressly grant to The Company and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferrable, sublicenseable right and license to exercise all rights of any kind or nature associated with such Feedback in all formats and medium, whether existing now or in the future, and You agree not to assert or enforce any moral or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
6.4. All Feedback will be deemed Confidential Information of the Company. This Section will survive the termination of these Terms.
7. Confidentiality
7.1. The Tester acknowledges and agrees that all Confidential Information, materials, and data provided or made accessible in connection with the Game and/or Beta Trial are the exclusive property of the Company.
7.2. The Tester shall maintain the confidentiality of all Confidential Information and shall not, directly or indirectly, disclose, share, or distribute any Confidential Information to any third party without the prior written consent of the Company.
7.3. The Tester shall refrain from, and shall not:
7.3.1. Reverse engineer, decompile, or otherwise attempt to derive the source code, structure, or algorithms of the Game or any associated software.
7.3.2. Copy, reproduce, modify, adapt, or create derivative works based on the Game, Beta Trial, or any related assets.
7.3.3. Publicly disclose, post, or distribute screenshots, recordings, videos, or any other representations of the Game, Beta Trial, or digital assets.
7.3.4. Exploit any bugs, glitches, or vulnerabilities for personal gain or to the detriment of the Company, other participants, or the Game's integrity.
7.3.5. Withhold or fail to report any discovered bugs, glitches, vulnerabilities, exploits, or security weaknesses in the Game, Beta Trial, or related systems for the purpose of gaining an advantage, personal benefit, or to exploit such issues after the Game is publicly launched or otherwise deployed.
7.3.6. Make false, misleading, or disparaging statements regarding the Game, Beta Trial, the Company, or its personnel.
7.3.7. Conduct any marketing, promotional, or competitive activity that uses, references, or is based on the Game, Beta Trial, or Confidential Information.
7.3.8. Attempt to circumvent or interfere with security features, access controls, or any technological protection measures implemented by the Company.
7.3.9. Use the Beta Trial or Game for any purpose other than authorized testing and feedback.
7.3.10. Encourage or assist any third party in engaging in any of the foregoing prohibited actions.
7.4. You may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that: (a) you give the Company prompt written notice of such order so the Company has opportunity to seek a protective order or other appropriate remedy to such order, prior to disclosure and shall comply with any applicable protective order or equivalent, (b) you provide the Company with all reasonable assistance in opposing such required disclosure or seeking a protective order or confidential treatment for all or part of such Confidential Information, and (c) you disclose only such portion of the Confidential Information as is either permitted by the Company or required by the court, tribunal, governmental agency or other authority, subject to any protective order or confidential treatment obtained by the Company.
7.5. You acknowledge that any unauthorized disclosure, leak, or use of Confidential Information or infringement of Intellectual Property Rights causes irreparable harm to the Company, for which monetary damages may be insufficient. Accordingly, the Company shall be entitled, in addition to any other remedies, to seek injunctive or equitable relief to prevent or restrain such violations.
7.6. You expressly agree that for each violation of the provisions set forth in the present Section, you agree to pay a penalty in the amount of USD 100,000 (one hundred thousand euros) within three (3) days of the infringement, representing minimum damages, without the need to prove actual harm. This penalty shall apply without prejudice to and in addition to any other rights, claims, damages, or remedies available to the Company under these Terms, at law, or in equity.
7.7. No delay, failure, or partial exercise by the Company in enforcing any right or remedy under these Terms shall operate as a waiver of such right, nor shall a single or partial exercise of any right preclude the Company from exercising any other right or remedy at any time. All rights and remedies of the Company are cumulative and may be exercised independently or concurrently at the Company's sole discretion.
7.8. These confidentiality obligations shall remain in effect during the Beta Trial and for a period of three (3) years following the termination or conclusion of the Tester's participation, unless otherwise extended by written agreement of the Company.
8. Warranty and Disclaimers
8.1. To the fullest extent permitted by applicable law, the Game provided under this Beta Trial is offered on an “as-is,” “as-available,” and “with all faults” basis. We, together with our parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, agents, partners, licensors, and distributors (collectively, “we” or “us”), expressly disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.
8.2. Without limiting the foregoing, we make no warranty or representation that:
8.2.1. the Game will meet your requirements or expectations;
8.2.2. the Game will be available without interruption, or will be timely, secure, or free from errors, defects, bugs, or vulnerabilities;
8.2.3. any information or content obtained through the Game will be accurate, reliable, or complete;
8.2.4. any defects or errors in the Game will be corrected; or
8.2.5. the Game will achieve any particular result, output, or level of performance.
8.3. You acknowledge and agree that your use of the Game is entirely at your own risk. No information or advice, whether oral or written, provided by us or obtained through the Game shall create any warranty not expressly set forth in these Terms.
8.4. To the extent any jurisdiction does not permit the exclusion of certain implied warranties or statutory rights, such exclusions shall apply only to the maximum extent permitted by the laws of that jurisdiction. In such cases, our warranties shall be limited in duration and scope to the minimum required by applicable law.
9. Liability
9.1. To the fullest extent permitted by Applicable Law, you agree and understand that we will not be liable for: any indirect, special, incidental, consequential, treble or other multiples of damages, exemplary or punitive damages arising from or in connection with these Terms or your use of the Beta Trial.
9.2. We will not be liable for damages caused by others, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
9.3. To the fullest extent permitted by law and except as otherwise stated in these Terms, we are not liable in connection with any disputes that arise out of or relate to the herein.
10. Governing Law
10.1. These Terms are governed by the Applicable Law. Any dispute arising from your use of the Platform or these Terms shall be resolved exclusively under the Applicable Law, without regard to conflict of law principles.
10.2. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC). The seat of arbitration is Road Town, British Virgin Islands. The language is English. The arbitral award is final and binding. Nothing in this clause prevents Us from seeking urgent injunctive relief from a court of competent jurisdiction.
10.3. You waive any right to bring or participate in any class action, collective action, or representative proceeding against Us. All claims must be brought on an individual basis only.
10.4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will be replaced with one that most closely reflects the original intent.