LEGAL TERMS


Legal Conditions

These terms and conditions apply to all and any use, access and availability of fraxelgames.com. Please read them carefully.
By using fraxelgames.es (and each time you do so) you are telling Fraxel Games that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand them you should not use or access fraxelgames.es or any part of it.
If you are under the age of 16 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
Fraxel Games may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from fraxelgames.es.

RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

Subject to these terms and conditions and your compliance with them, Fraxel Games grants you a non-exclusive, non-transferable, personal, limited licence to access and use fraxelgames.com solely for your private, non-commercial, personal use only.
This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of fraxelgames.com.
You may not transfer, sub license or deal in this right without Fraxel Games prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in Fraxel Games and should not be deemed a sale or transfer of any copyright or other right.
Unless otherwise expressly specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in fraxelgames.com belong to and vest in Fraxel Games, or are licensed to Fraxel Games.
All intellectual property rights of Fraxel Games are hereby asserted and reserved.

RESTRICTIONS AND OBLIGATIONS

You agree to comply with these terms and conditions and all rules applicable to the use of fraxelgames.com.
Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of fraxelgames.com or any part of it;
remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in fraxelgames.com;
create software which mimics any data or functionality in fraxelgames.com;
use or deal in fraxelgames.com except as permitted by these terms and conditions;
use your access to fraxelgames.com, or information gathered from it, for the sending of unsolicited bulk email;
make any public, business or commercial use of fraxelgames.com or any part of it;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to fraxelgames.com without Fraxel Games´s prior written permission;
make fraxelgames.com or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to fraxelgames.com or showing it to other people);
display, publish, copy, print, post or otherwise use fraxelgames.com and the information contained therein for the benefit of any third party or web site;
use or process fraxelgames.com or any part of it unfairly or for any illegal or immoral purpose;
delete or obscure any copyright or other proprietary notice on fraxelgames.com.

LIABILITY

Fraxel Games provides and maintains fraxelgames.com for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Fraxel Games and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which fraxelgames.com links.
Fraxel Games gives no other warranty in connection with fraxelgames.com and to the maximum extent permitted by law, Fraxel Games excludes liability for:
any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Fraxel Games has been made aware of;
the accuracy, currency or validity of information and material contained within any Communications or fraxelgames.com;
any interruptions to or delays in updating fraxelgames.com;
any incorrect or inaccurate information on fraxelgames.com;
the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of fraxelgames.com;
the availability, quality, content or nature of External Sites;
any transaction involving External Sites;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading fraxelgames.com, or any Communication;
all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Fraxel Games does not warrant that the operation of fraxelgames.com will be uninterrupted or error free.
Fraxel Games will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of fraxelgames.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute fraxelgames.com.
You hereby indemnify, defend and hold Fraxel Games and Fraxel Games´s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of fraxelgames.com any Communications and any use of your membership account. You shall use your best efforts to cooperate with Fraxel Games in the defence of any claim. Fraxel Games reserves the right, at Fraxel Games’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

TERMINATION

Without limiting to any other rights it may have Fraxel Games may remove, restrict, cancel or suspend access to and use of fraxelgames.com and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.

GENERAL

These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall they exclude or limit Fraxel Games´s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
These terms and conditions constitute the entire agreement between you and Fraxel Games and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
Use of fraxelgames.com and these terms and conditions are subject to the laws of Spain which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of Spain and the parties submit to the exclusive jurisdiction of the Spanish courts.

PRIVACY AND COOKIES POLICY

The following privacy and cookies policy sets out how we use data relating to you and applies to all use of your personal information by Fraxel Games (“we”, “us” or “our”). This privacy policy forms a part of and should be read in conjunction with our terms of use, which can be found on our website here: fraxelgames.com
This privacy and cookies policy (together with the documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us through our Website [fraxelgames.com] (the “Website”), will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
This policy does not apply to practices of companies that we do not own or control, or to individuals that we do not employ or manage.
We will only collect and process information about you in accordance with this privacy and cookies policy. By using the Website and/or submitting any personal information to us, you consent to such processing.
Our Website is intended for use by those 13 or older for amusement purposes only. We do not knowingly collect personal information from people under the age of 16. If we learn that a person under the age of 13 has provided personal information through our Website, we will take steps to delete such information as soon as possible.
If you have any concerns over privacy, or this privacy and cookies policy contact us at [info@fraxelgames.es]. This policy was last updated on [21 August 2018].

1. ABOUT THE WEBSITE AND THIS PRIVACY/COOKIES POLICY

The website [fraxelgames.com] allows visitors to learn about and register their interest in our games, and to browse and contribute to our discussion forums.

2. DATA WE MAY COLLECT

2.1. We may ask you for, or you may submit, certain personal and non-personal information and data to us through the Website when you use the Website. This includes:
your name and address;
your username and password;
your e-mail address;
your Internet Protocol (“IP”) address;
your device name or unique identifier (whether laptop, mobile phone, tablet and/or any other hardware);
any other content you submit to us via the Website (collectively, “Your Content”), such as comments, marketing preferences, posts, messages, images, and other materials you submit through forms and forums, and other information concerning your use of the Website; and
2.2. We also automatically collect information about your use of our Website. This can include how a user has engaged with the Website. Such information is collected on an aggregate and anonymous basis.
2.3. We may also collect and process your browsing and log data collected by Google advertising cookies and other technical means that we may employ to recognise your device when you visit the Site.
2.4. We may also receive information from you by email, or any other means which you use to contact us.
2.5. We may also collect information, including personal information and data, from third parties and sources other than the Website, such as advertisers or social media networks for which you have approved our access to information, depending on your specific privacy settings with any such third party service. You authorise us to collect, store, access and use such information as you have agreed a third party may provide to us, in accordance with this Privacy Policy. Your use of such third party services shall be subject to the terms and conditions, and privacy policy of such third party which apply to that service, and your attention is drawn in particular to Facebook’s privacy policy (http://www.facebook.com/about/privacy/), and Twitter’s privacy policy (which is available online at https://twitter.com/privacy).

3. USES OF DATA

3.1. All information we hold will be kept securely in accordance with an internal security policy and may be used as follows:
email address: to contact you with news about our games;
email messages and other information you send us: to respond to your feedback and queries;
Your Content: to process and make available Your Content on the Website and to market to you in accordance with your instructions.
3.2. Information submitted to us via the Website may also be used to:
enable our compliance with applicable laws and regulations;
enable your use of the Website;
provide you with up to date, efficient and reliable services;
process and make available Your Content on the Website;
monitor the use of the Website; and
generally run and improve the Website.
3.3. Google Analytics and advertising cookies and anonymous identifiers may be used to conduct analytics on your visit to the Website, including by recording and analysing user behaviour, location, audience, demographic and interest data. This information may be used in order to enable remarketing to you and may be shared with Google. You can find out more about the ways in which Google uses and protects this information here: http://www.google.com/analytics/terms/us.html.
3.4. We might collect sensitive information about you but we will never collect sensitive information about you without your explicit consent.

4.MANAGEMENT OF DATA

4.1. We will only use information collected about you in accordance with applicable data protection laws.
4.2. For the purpose of the Data Protection Act 1998, the data controller is Fraxel Games
4.3. By submitting your information you agree to our use of the data as described in this Privacy Policy. This includes transferring your data to, and storing it at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or our suppliers. These staff or suppliers may be engaged in the management of our email marketing lists, the hosting or maintenance of our Website, and the provision of support services.
4.4. If you believe we have information about you that you do not want us to have or that you think is incorrect, please contact us at info@fraxelgames.com and we shall correct or remove the data as you request as soon as and insofar as is reasonably practicable. If you would like to receive a copy of the information we have about you, please note that an administration fee of £10 may be applicable.
4.5. We use reasonable efforts to protect your personal data. However, the Internet is an insecure medium and any transmission of personal data to us via our Website is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4.6. When you get in contact with us (for example by email) we will keep records of what is communicated. This is to ensure we have a record of our discussion for future reference and so we can improve the Website.
4.7. We may anonymise information about you (so that you cannot be identified from it by third parties) and provide that information to third parties for the purposes of marketing analysis.

5.COOKIES, BEACONS AND TRACKING

5.1. Our Website uses “cookies” and similar technologies. Cookies are small text files that are placed on your computer and mobile device by software that you install. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies may also be stored in your internet browser by or on behalf of third parties, such as Google or providers of advertising services.
5.2. We use cookies/beacons in order to:
learn about how the Website is being used and which types of individuals are using it;
record which other websites and/or platforms have referred users to the Website;
optimise and improve the Website;
make it easier for you to fill in forms via the Website;
enable the Website to remember your preferences and keep you logged into our forums; and
provide you with relevant advertising.
5.3. We use analytics to collect and store anonymous statistical data about our users’ use of the Website. Some of the cookies we use are essential for parts of the Website to operate and have already been set. You may delete and block all cookies, but parts of the Website may not work properly.
5.4. We may also collect information about your computer, mobile phone (or other portable or static device used to access the Website) and your visit to the Website, including where available your IP address, operating system, login, device name, screen name and browser type, for system administration and to report aggregate information to our partners and if necessary our advertisers.
5.5. We may use other technologies such as pixel tags, clear GIFs and web beacons on the Website. 5.6. For more information about cookies, please visit allaboutcookies.org. If you do not wish for us to use cookies when you use the Website, please adjust your Internet browser settings to decline cookies (your computer’s help file should tell you how to do this). If you choose to decline cookies, some parts of the Website may not work properly. By using the Website, you agree to our use of cookies as described above.
5.7. If you want to learn about how to opt out of Google’s use of cookies, please visit https://tools.google.com/dlpage/gaoptout/ or your Google Ads Settings (www.google.com/settings/ads). The Google Analytics terms of service can be accessed here: www.google.co.uk/analytics/terms/us.html.

6.MARKETING AND E-MAIL COMMUNICATIONS

6.1. We might send you marketing emails about our games or products or services which are similar to or related to those available via our Website, or contact you by email with information about updates to the Website. We will not send you any other marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
6.2. We give you a choice of whether or not you want us or other companies to contact you about future offers, events, products and services you may be interested in.

7.DISCLOSURE OF YOUR INFORMATION

7.1. We may disclose personal information about you to other members of our group of companies or to trusted third parties, (both inside and outside the European Economic Area),
7.2. Your personal information may also be disclosed:
if we buy or sell any businesses or assets; or
with a view to preventing fraud or reducing credit risk; or
if we are obliged to do so to comply with law, regulations or a court order; or if it is necessary to enforce any other agreements to which we are a party; or if it is necessary to protect our rights, property or the safety of our customers or users.
7.3. If we share your personal information with other companies, those companies may contact you by email and they may be based inside or outside of the EEA.
7.4. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 200 women aged under 25 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the audience they want to target (for example, men in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

8.DATA RETENTION

We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected.

9.GENERAL

9.1. If you follow a link from the Website to any third party websites, or use social media sharing buttons included on the Website, you should be aware that those websites and social networks may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites.
9.2. We may make changes to this privacy and cookies policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email.
9.3. All questions, comments or enquiries should be directed to us. We will try to respond to you within 48 hours.