1.1 Hello and welcome to Fashion AR, an online game for the fashion loving community. We want to make sure that Fashion AR is a fun, friendly and safe place to be creative and to connect and share with like minded 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.
1.2 Fashion AR is 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 Fashion AR is aimed at people aged 13 or over and you must be at least 13 to use Fashion AR. If you are 12 or under, you must not use Fashion AR.
1.7 We may also develop and make changes to Fashion AR, e.g. by adding new or deleting existing features, adding or removing virtual products or changing or adding new rules of the game. Updates to Fashion AR may be available on your relevant App Store.
1.8 You are responsible for all activity on the App on your device(s), including its security. If you think anyone has accessed the App on your device(s) without your permission, please let us know.
2. COMMUNITY GUIDELINES
3. YOUR PERSONAL INFORMATION
3.2 It is important that you understand that any personal information which you submit to or put on Fashion AR, 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 Fashion AR in advance.
4. YOUR SAFETY
4.1 When you are using Fashion AR, please make sure that you play and communicate safely, particularly when taking photographs in public places.
4.2 You are responsible for your conversations and dealings with other users of Fashion AR. Please consider the Community Guidelines when interacting with others.
4.3 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.
5. IN APP PURCHASES OF VIRTUAL MONEY AND OTHER ITEMS
5.1 It is free to download and access Fashion AR. You can buy and earn virtual money and/or other in-game items ("Virtual Items") for use in Fashion AR. Purchases are not necessary to allow you to use Fashion AR but may help your progress or enjoyment of the game.
5.2 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.
5.3 You are responsible for and agree to pay for anything that is bought through your device(s) whether or not authorised by you.
5.4 Purchases of Virtual Items are made through the relevant App Store platform from which you downloaded Fashion AR 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.
5.5 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 Fashion AR. Prices for Virtual Items may change from time to time. The new prices will be displayed in the App.
5.6 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.
5.7 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 Fashion AR but you do not own these Virtual Items.
5.8 We may restrict how many Virtual Items you can buy in a particular timeframe or how or when they can be used within Fashion AR.
5.9 Virtual Items are payable in advance and have no "real world" cash or other value outside of Fashion AR. 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 clothing and accessories within Fashion AR may be "lent" temporarily to other users.
5.10 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.
5.11 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 Fashion AR.
5.12 Your service provider may charge you for data usage when you play Fashion AR 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 Fashion AR, e.g. internet and data costs and data roaming costs.
6. OUR RIGHTS IN FASHION AR AND PERMISSIONS WE GIVE TO YOU
6.1 Fashion AR™ is a trade mark of FortuneFish. We also own the copyright and other intellectual property rights in Fashion AR, including the models, clothing and accessory designs, Virtual Items, themes, stories, videos, animations, sounds, images, graphics, data, content and user interface and in the underlying software of the App ("Our Content"). You agree that you do not and will not have any rights in Fashion AR or Our Content, except for the limited licence referred to below.
6.2 We give you a non-exclusive, non-transferable, personal licence for your own personal, non-commercial entertainment purposes to:
6.2.1 download, access and use Fashion AR on your own device(s), including to use the features of Fashion AR to style and dress the models and to enter challenges within the game; and
6.2.2 take photographs of the styled models you have created in a "real world" environment using the camera on your device(s) ("Model Images"). You may use the Model Images that you create for personal purposes, e.g. you may post them on your social media accounts and share them with your friends but you may not use or let anyone else use your own or anyone else's Model Images for any commercial or "paid for" purpose, e.g. to advertise a business or product. You must not remove our watermark from any of the Model Images or allow anyone else to do so.
6.3 We can terminate this licence by giving you notice at any time
6.4 You must not use any other user's images or content without their consent
6.5.1 use Fashion AR for any illegal or other unauthorised purpose;
6.5.2 use Fashion AR for any commercial purpose;
6.5.3 remove or attempt to remove any copyright, trade mark or other notices within the App;
6.5.4 use or attempt to use someone else's Fashion AR account;
6.5.5 copy, modify or create a derivative work of Fashion AR or any part of it, including Our Content;
6.5.6 create or use any applications that interact with Fashion AR;
6.5.7 sell, rent, license, distribute, lend or transfer any rights to Fashion AR or any part of it to anyone else;
6.5.8 disassemble, reverse engineer or decompile Fashion AR, or otherwise attempt to gain access to the source code, structure or algorithms of the underlying software of Fashion AR;
6.5.9 use Fashion AR in a way that could interfere with, disrupt, negatively affect or prevent other users from enjoying the App or that could damage, disable, overburden or impair Fashion AR in any way;
6.5.10 attempt to avoid any security, content-filtering or monitoring processes or software that we use or attempt to access or tamper with any feature, content or area of Fashion AR or our systems that you are not authorised to access;
6.5.11 scrape or copy content of or derived from Fashion AR, including to make databases;
6.5.12 transmit or introduce viruses, malware, corrupted data or other harmful, disruptive or destructive files or content to Fashion AR;
6.5.13 use Fashion AR or any of its content in any manner to or to incite others to, attack, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, including based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity or disabilities;
6.5.14 use Fashion AR to promote, arrange or discuss terrorism or terrorist acts or otherwise to host terrorist content;
6.5.15 use Fashion AR or any of its content to create in or outside Fashion AR (e.g. in social media) libellous, defamatory, obscene, discriminatory, indecent, suggestive, harassing, bullying, threatening, abusive, inflammatory, fraudulent, or illegal material, or any material that infringes or violates another person's rights (including, intellectual property rights, or rights of privacy or publicity); or
6.5.16 attempt to do any of the above.
7. YOUR CONTENT AND PERMISSIONS YOU GIVE TO US
7.1 You are responsible for all content, images, including Model Images, data and information and text/chat that you create in, in relation to or submit to Fashion AR ("Your Content").
7.2 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:
7.2.1 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);
7.2.2 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;
7.2.3 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;
7.2.4 promotes or incites acts of terrorism;
7.2.5 may infringe any trade mark, trade secret, copyright or other intellectual property right of any party;
7.2.6 contains any wording that does not reflect your honest views and experiences or which is false or misleading;
7.2.7 impersonates, or misrepresents your connection with, any person or entity
7.2.8 contains "junk mail", "spam", advertising or political campaigning;
7.2.9 contains any confidential, private or personal information of another person without such person's consent; or
7.2.10 is, in our opinion, not acceptable or that restricts or prevents any other person from using or enjoying Fashion AR, or that may damage or harm us, our brand or others.
7.5 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 Fashion AR and our other 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.
7.6 In addition to the general licence above, you agree that we may copy, use and publish your Model Images to operate and run Fashion AR, e.g. to announce the winners of challenges and for our own commercial purposes and advertising, including on our website and social media platforms. The Model Images may be shared by other people from these platforms. By submitting Model Images through Fashion AR, you:
7.6.1 consent to us using the Model Images for these purposes; and
7.6.2 confirm that you have obtained the consent of all individuals who feature in and/or can be identified in the Model Images to be included in the Model Images and for the Model Images to be used for these purposes
7.7 The licences you grant to Your Content will continue even if we terminate your account and/or you delete the App from your device(s).
8.1 We would love to hear your feedback and comments about Fashion AR, in particular if you have found any errors in or have any concerns about the App or its content. You may submit error reports, questions, comments, suggestions, ideas, original or creative materials or other information about Fashion AR by emailing us at email@example.com. We may also collect analytical data about your use of Fashion AR through monitoring how you play the game and use Fashion AR.
8.2 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 Fashion AR which you provide to us whether through the contact process or otherwise e.g. online reviews for any purpose, including to improve Fashion AR and/or our other products and services, without acknowledging or payment to you.
8.3 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 Fashion AR.
9. THIRD PARTY LINKS
Fashion AR 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.
10. OUR RESPONSIBILITY AND LIABILITY
10.1 We will try to make sure that Fashion AR is available, functional and runs smoothly but we cannot guarantee this and Fashion AR is 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 Fashion AR. You agree that you use Fashion AR at your own risk and that we will not be responsible or liable for:
10.1.1 the completeness, accuracy, availability, speed, security or reliability of Fashion AR and its content. If you notice any bugs or errors with Fashion AR, please report it emailing us at firstname.lastname@example.org;
10.1.2 the deletion of, or the failure to store or to transmit, any material or content stored in Fashion AR;
10.1.3 any harm to your device(s), loss of data, or other harm that results from your access to or use of Fashion AR;
10.1.5 any events outside of our reasonable control.
10.2 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 Fashion AR and/or any content contained on Fashion AR, whether or not we knew of or ought to have known of the possibility of such damages.
10.3 Where we cannot exclude our liability entirely, the total liability of the FortuneFish Parties, for any claim arising out of or relating to Fashion AR is limited to the greater of £1,000 or the amounts paid by you to us in Fashion AR in the 6 months prior to the claim.
11.1 You agree to indemnify and hold the FortuneFish Parties harmless from any claim, including legal fees, arising out of:
11.1.2 the use of Your Content;
11.1.3 your use of Fashion AR;
11.1.4 your behaviour in Fashion AR; and/ or
11.1.5 your breach of any law or the rights of a third party.
12. INTELLECTUAL PROPERTY COMPLAINTS
We take intellectual property rights very seriously. If you have any concerns about any of the intellectual property used in Fashion AR, please contact us at email@example.com.
13. OUR RIGHT TO STOP YOU USING FASHION AR
13.3 You can terminate your account at any time by deleting Fashion AR from your devices.
13.4 If we suspend or terminate your access to Fashion AR and/or if you delete Fashion AR from your devices, you will not be entitled to any refund of any Virtual Items purchased through Fashion AR.
14. WHO HAS RIGHTS UNDER THIS AGREEMENT
14.1 This agreement is between you and us and does not give any rights to third parties except as set out in Clause 18.7 below.
14.2 You must not transfer any of your rights under this agreement to any third party.
14.3 We can transfer our rights under this agreement to others e.g. if we sell all or part of our business to someone else.
15. DISPUTES AND LAW
16. GENERAL TERMS
16.3 If we do not enforce any of the terms or delay in doing so, this will not constitute a waiver of our rights.
17. 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.
17.1 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.
17.3 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.
MIDDLEWARE LICENCE TERMS AND CONDITIONS
Copyright (c) 2017 Süleyman Yasir KULA
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
APACHE TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
Version 2.0, January 2004
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical Transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. GRANT OF COPYRIGHT LICENCE
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. GRANT OF PATENT LICENCE
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
4.1 You must give any other recipients of the Work or Derivative Works a copy of this License; and
4.2 You must cause any modified files to carry prominent notices stating that You changed the files; and
4.3 You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4.4 If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do noT pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. SUBMISSION OF CONTRIBUTIONS
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. DISCLAIMER OF WARRANTY
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. LIMITATION OF LIABILITY
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. ACCEPTING WARRANTY OR ADDITIONAL LIABILITY
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.