Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and FeatherRight Games Studio, concerning your access to and use of the Chicken Road game and website. You agree that by accessing the site or playing the game, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these terms, then you are expressly prohibited from using the site and you must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the site and game are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site and in the game are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The content and graphics are provided on the site and in the game for your personal, non-commercial use only. Except as expressly provided in these Terms of Service, no part of the site or game and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the site and game, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Terms of Service
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site
• You will not access the site or game through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the site or game for any illegal or unauthorized purpose
• Your use of the site and game will not violate any applicable law or regulation

Prohibited Activities

You may not access or use the site or game for any purpose other than that for which we make the site and game available. The site and game may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the site and game, you agree not to:

• Systematically retrieve data or other content from the site or game to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the site or game
• Disparage, tarnish, or otherwise harm, in our opinion, us and the site or game
• Use any information obtained from the site or game in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the site or game in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the site or game
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the site or game
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any content
• Attempt to impersonate another user or person or use the username of another user
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
• Interfere with, disrupt, or create an undue burden on the site or game or the networks or services connected to the site or game
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site or game to you
• Attempt to bypass any measures of the site or game designed to prevent or restrict access to the site or game, or any portion of the site or game
• Copy or adapt the site's or game's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site or game
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site or game, or using or launching any unauthorized script or other software
• Use a buying agent or purchasing agent to make purchases on the site or game
• Make any unauthorized use of the site or game, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
• Use the site or game as part of any effort to compete with us or otherwise use the site or game for any revenue-generating endeavor or commercial enterprise

User Generated Contributions

The site and game may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site and game, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Contributions may be viewable by other users of the site and game and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the site, and the game, and other users of the site and game to use your Contributions in any manner contemplated by the site, game, and these Terms of Service
• You have the written consent, release, and permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the site, game, and these Terms of Service
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation

Contribution License

By posting your Contributions to any part of the site or game or making Contributions accessible to the site or game by linking your account from the site or game to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

Game Rules and Fair Play

Chicken Road is designed to be a fair and enjoyable experience for all players. You agree to play the game fairly and not to use any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the game experience. We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these fair play rules.

Purchases and Payment

We accept the following forms of payment for in-game purchases: credit cards, debit cards, and other payment methods as may be available through our payment processors. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the site or game. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

Refunds Policy

All sales are final and no refund will be issued, except as required by law. If you believe you are entitled to a refund under applicable law, please contact us with details of your purchase and the reason for your refund request.

Termination

These Terms of Service shall remain in full force and effect while you use the site or game. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and game, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the site and game or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the site and game at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site or game. We also reserve the right to modify or discontinue all or part of the site and game without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site or game.

We cannot guarantee the site and game will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site and game, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site and game at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site or game during any downtime or discontinuance of the site or game.

Governing Law

These Terms of Service and your use of the site and game are governed by and construed in accordance with the laws of France applicable to agreements made and to be entirely performed within France, without regard to its conflict of law principles.

Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Paris, France, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Service.

Corrections

There may be information on the site or in the game that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site or in the game at any time, without prior notice.

Disclaimer

The site and game are provided on an as-is and as-available basis. You agree that your use of the site and game will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and game and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's or game's content or the content of any websites linked to the site or game and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or game, any unauthorized access to or use of our secure servers and all personal information and financial information stored therein, any interruption or cessation of transmission to or from the site or game, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or game by any third party, and any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site or game. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or game, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or game, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the site or game, breach of these Terms of Service, any breach of your representations and warranties set forth in these Terms of Service, your violation of the rights of a third party, including but not limited to intellectual property rights, or any overt harmful act toward any other user of the site or game with whom you connected via the site or game. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the site or game for the purpose of managing the performance of the site and game, as well as data relating to your use of the site and game. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site or game. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the site or game, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site or game, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site or game. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the site or game or in respect to the site or game constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the site or game. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Contact Us

In order to resolve a complaint regarding the site or game or to receive further information regarding use of the site or game, please contact us at:

FeatherRight Games Studio
Partner Road 88
33-570 Paris, France
Email: [email protected]
Phone: +33 1 938 87 34