Freedom Games - Terms of Service
Last modified February 11, 2023
Hello, and welcome. Our products and services are provided by Freedom! Family Alabama LLC, dba Freedom Games (the “Company”) or our corporate affiliates. This document is a legal agreement that sets out the terms and conditions (the “Terms”) between you and the Company, which you accept and agree to be bound by when you sign up for, download from, access, or otherwise use our websites or other services listed below or which reference these terms (individually a “Service”, and collectively the “Services”):
By using any Service, you also accept and agree to be bound by applicable third party terms of service. For example, for Services that access or use YouTube API Services, you agree to be bound by the YouTube Terms of Service; for Services that access or use Steam, the Google Play App Store, or the Apple App Store, you are subject to their respective terms of service; etc.
If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your account to these Terms. If you do not have such authority or if you do not agree to these Terms, you may not use the Services.
Please note a Service may be additionally governed by supplemental terms or contracts specific to that Service, which will be presented to you for review prior to accessing those parts of the Service that require them; those additional terms become part of your agreement with us if you use those Services.
Please read these Terms and all related agreements carefully and in their entirety.
Use or access of the Services by anyone under the age of 13 is strictly prohibited. If you are over 13, but still a minor or lack the legal capacity to enter into a contract where you live, you represent that you have obtained permission from your parent or legal guardian to use the Services, and your parent or legal guardian has agreed to be bound by these Terms on your behalf.
In order to access some features or services of the Services, you will have to create an account or log in using your Google, or other, account. It is prohibited to use another user's account without their written permission.
You alone are responsible for your account and anything that happens while your account is signed into or being used. You are responsible for keeping your account secure; maintain strict confidentiality of your credentials and do not share your login details. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
The Services may incorporate or contain links to third-party websites or services that are not owned or controlled by the Company. The Company assumes no responsibility for the content, policies, or practices of any third-party websites. By using the Services, you expressly relieve the Company from any and all liability arising from your use of any third-party website. The Company may modify or discontinue your use of, or access to, any third-party website, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you.
The Company grants you personal, worldwide, non-assignable, non-transferable, and non-exclusive permission to access and use the Services for non-commercial purposes which is conditioned on your compliance with the Terms. All other rights are expressly excluded without the Company's prior written consent.
The Company may offer to provide certain services or software, as described more fully on the Services, that have been selected by you, solely for your own use, and not for the benefit of any third party. The Company may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some software may let you adjust your automatic update settings.
The Services are exclusively owned by the Company; using the Services does not give you ownership of any accounts, intellectual property rights, or the content you access. You may not use content from our Services unless otherwise agreed in writing, as explicitly communicated on a Service by Company, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services.
Our platform partners or other third parties may enable you to make purchases to access certain components of the Services (such as games, game content, or virtual goods). If you make such a purchase from a third party, that purchase is governed by the applicable third-party terms, including as related to refunds and disputes (but your access and use of the Services is still subject to these Terms of Service).
In connection with your use of the Services, the Company may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Privacy, Content and Submissions
In the course of using the Services, you and other users may provide information or content which may be used by the Company and which may be visible to certain other users. You understand that by posting information or content on the Services or otherwise providing content, materials, or information to the Company or in connection with the Services (collectively, “User Submissions”), the Company hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such User Submissions (including all related intellectual property and proprietary rights) in connection with the Services and the Company’s (and its successors’ and assigns’) business, including without limitation for promoting the Services, running advertisements, and to reproduce, modify, or prepare derivative works of, display and perform, such User Submissions. For clarity, User Submissions exclude any videos which are or have been uploaded to your channel on a video platform such as YouTube, and the foregoing license grant to the Company does not affect your ownership of the material in your User Submissions, unless otherwise agreed in writing.
You understand that
all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated,
the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services,
the Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk.
Restrictions and Your Warranties
You warrant, represent and agree that you will not contribute any information or User Submissions or otherwise use the Services in a manner that
infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
violates any applicable terms of service, law, statute, ordinance or regulation;
is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
involves commercial activities and/or sales without the Company’s prior written consent;
impersonates any person or entity; or
contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you represent and warrant that you possess all rights necessary to provide such content to the Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. The Company reserves the right to remove any User Submissions from the Services at any time, for any reason, or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity is expressly prohibited and will be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. The use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for filing all tax returns and other related documents, and paying all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
The Company may terminate your account and Service access without prior notice if you violate these Terms, any Service-specific terms, or moderation rules for any Service, or for any other reason. In the event of an account termination, no refunds will be due to you for purchases you have made related to the Services or for payments you have made to access Services, and we will have no liability to you in connection therewith. You may stop using the Services at any time, unless otherwise agreed in writing.
Disclaimer of Warranties
To the extent permitted by applicable law, the sites, including without limitation the content, website, products and services obtained through the sites, and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the service will be secured, uninterrupted or error-free.
You indemnify and hold the Company, its subsidiaries, affiliates, licensors, licensees (and sub-licensees), suppliers, or their respective officers, directors, employees, agents, successors, and assigns harmless (including, without limitation, from all damages, liabilities, settlements, losses, costs and attorney's' fees) from any claim, suit, action, lawsuit, proceeding, or demand made by any third party due to or arising out of your access to or use of the Services, your violation of these Terms, your User Submissions and related reproduction, publication, public display, or other use of User Submissions, or the infringement by you or any third party using your account of any intellectual property rights, proprietary rights, rights of publicity, or other right of any person or entity. This defense and indemnification obligation will survive these Terms and your use of the Services.
Limitation of Liability
In no event shall the Company, its subsidiaries, affiliates, licensors, suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Services or any subject matter of the Terms under any contract, negligence, tort, strict liability or other legal or equitable theory
for any amount in the aggregate in excess of the greater of $100 or the fees paid by you therefor during the 12-month period preceding the applicable claim;
for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; or
for loss of goodwill, data loss, lost profits, or cost of procurement of substitute goods or services.
Integration of All Acts
These Terms constitute the entire understanding between the Company and you relating to the Services and govern your use of the Services, completely superseding any prior or contemporaneous agreements between the Company and you regarding the Services.
Governing Law, Arbitration, Language
These Terms will be construed under, and governed by, the laws of the State of Alabama (“Governing Jurisdiction”) without regard to its principles of choice of law as if all transactions were conducted in the Governing Jurisdiction. You will attempt to settle any disputes related to these Terms through good-faith negotiations or arbitration. For any unsettled disputes related to these Terms, you agree that jurisdiction and venue for any legal proceedings arising from or in any way connected to these Terms will lie in the Governing Jurisdiction.
These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
You may not assign any of your rights, licenses and obligations granted hereunder, but the Company may without restriction.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from the other provisions and shall not affect the validity and enforceability of any remaining provisions.
We tried our best not to sound legalese, but if you have questions about the Terms, please contact us at https://support.freedom.gg/hc/en-us/requests/new. All communications shall be treated as confidential and will be addressed promptly.
Updates and Revisions
We’ll update our Terms from time to time to reflect changes in technology, law, our business operations, or any other reason we determine is necessary or appropriate. When we do make changes, we’ll update the “Last Modified” date at the top of the policy and post it to the Services, which you are expected to regularly visit. If we make material changes to the policy or the ways we process private information, we’ll provide you additional notices as well (such as by prominently posting a notice of the changes on the Services before they take effect or sending you a notification directly). Continued use of the Services after any such changes shall constitute your consent to such changes.