Flagsheep | Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Flagsheep e.U. ("Company," “we," “us," or “our”), concerning your access to and use of the https://flagsheep.io website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Our registered office is located at Berg 3, 3071 Böheimkirchen, Austria, and by accessing the Site, you confirm that you have read, understood, and agreed to comply with these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SITE, AND YOU SHOULD CEASE USE IMMEDIATELY.

Additional terms and conditions or documents posted on the Site are explicitly considered part of this agreement. We reserve the sole right to amend or modify these Terms of Service at any time. Notification of any changes will be made by updating the “Last updated” date of these Terms of Service. By continuing to use the Site after such revisions are posted, you acknowledge and accept the changes. It is your responsibility to review the applicable Terms each time you use our Site to ensure your understanding and compliance. Your continued use of the Site after revisions constitute your acknowledgment and acceptance of the revised Terms of Service.

The information provided on the Site is not intended for distribution or use in any jurisdiction or country where such actions would violate law or regulation, or where it would necessitate our registration within that jurisdiction or country. Users accessing the Site from other locations do so at their own discretion and are solely responsible for complying with relevant local laws.

The Site is not specifically designed to adhere to industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your use would be governed by such laws, you are prohibited from using this Site. Additionally, the use of the Site in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA) is prohibited.

This Site is intended for users aged 13 and above. Minors (typically under the age of 18) in their respective jurisdictions must obtain permission and direct supervision from their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Service before your use of the Site is permitted.

2. Ownership of Intellectual Property

The Site, unless specified otherwise, is our exclusive property. All elements on the Site, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (referred to collectively as the “Content”), along with the trademarks, service marks, and logos (the “Marks”) featured on the Site, are either owned or controlled by us, or licensed to us. They are safeguarded by copyright, trademark laws, various other intellectual property rights, and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are presented on the Site “AS IS” for your personal information and use only. Unless explicitly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.

If you are eligible to use the Site, you are granted a restricted license to access and utilize the Site. Additionally, you may download or print a portion of the Content, solely for your personal, non-commercial use, provided you have obtained proper access. All rights not expressly granted to you concerning the Site, Content, and Marks remain reserved by us.

3. User Declarations

Upon using the Site, you affirm and guarantee that: (1) all information submitted during registration is true, precise, up-to-date, and complete; (2) you commit to maintaining the accuracy of such details and promptly updating them when necessary; (3) you possess the legal capacity and agree to abide by these Terms of Service; (4) you are at least 13 years old; (5) if you are a minor in your jurisdiction, you have obtained parental consent to use the Site; (6) you will not access the Site using automated or non-human methods, including bots, scripts, or similar means; (7) you will not use the Site for any illegal or unauthorized purposes; and (8) your usage of the Site will not contravene any applicable laws or regulations.

If any information provided by you is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future access to the Site (or any part thereof).

4. Registration on the Site

Registration on the Site might be necessary. You undertake to maintain the confidentiality of your password and will be accountable for all activities carried out using your account and password. We retain the right to remove, recover, or modify a username you choose if, at our sole discretion, we find such username to be unsuitable, obscene, or objectionable in any manner.

5. Prohibited Actions

Your use of the Site must align with its intended purpose, and any commercial use should be specifically approved or endorsed by us.

As a user, you agree not to:

• Collect or compile data or content from the Site without our written permission, directly or indirectly creating collections, databases, or directories.
• Attempt to deceive, defraud, or mislead us or other users, especially in efforts to obtain sensitive account information like passwords.
• Interfere with security features of the Site or bypass measures that limit access to content.
• Engage in actions that, in our opinion, disparage, harm, or tarnish our reputation or that of the Site.
• Use information obtained from the Site to harass, abuse, or harm others.
• Misuse support services or submit false reports of abuse or misconduct.
• Violate any applicable laws or regulations while using the Site.
• Engage in unauthorized framing or linking to the Site.
• Upload or transmit viruses, Trojan horses, or other disruptive materials that interfere with Site usage.
• Automate system usage or engage in data mining, robots, or similar data gathering tools without authorization.
• Remove copyright or proprietary rights notices from any Content.
• Impersonate another user or use someone else's username.
• Upload or transmit material that collects or transmits information, such as gifs, pixels, web bugs, cookies, or other similar devices.
• Disrupt or burden the Site or its connected networks or services.
• Harass, intimidate, or threaten our employees or agents providing Site services.
• Bypass measures designed to prevent or limit Site access.
• Copy or modify the Site's software or code, unless permitted by applicable law.
• Decipher, decompile, disassemble, or reverse engineer any Site software.
• Launch automated systems or unauthorized scripts that access the Site.
• Use buying agents or purchasing agents on the Site.
• Unauthorizedly gather usernames or email addresses for unsolicited emails or create user accounts through automated or false means.
• Use the Site to compete with us or for revenue-generating purposes.
• Advertise goods/services, sell, or transfer your profile without authorization.

6. User-Created Content

The Site doesn't enable users to submit or post content. However, there might be opportunities for you to generate, submit, post, display, transmit, or distribute content and materials ("Contributions") on the Site. Contributions may include text, videos, audios, photos, graphics, comments, suggestions, personal information, or other materials. These Contributions might be visible to other Site users and through third-party websites. Any Contributions you transmit will be handled in accordance with the Site Privacy Policy. When creating Contributions, you affirm and warrant that:

• Your Contributions' creation, distribution, transmission, display, or performance, and their accessing, downloading, or copying will not infringe upon the proprietary rights (including but not limited to copyright, patent, trademark, trade secret, or moral rights) of any third party.
• You are the creator and rightful owner of your Contributions or possess the necessary licenses, rights, consents, releases, and permissions to utilize and authorize us, the Site, and other Site users to use your Contributions according to the Site and these Terms of Service.
• You have written consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness, enabling inclusion and utilization of your Contributions in line with the Site and these Terms of Service.
• Your Contributions are accurate and not misleading.
• Your Contributions do not include unsolicited or unauthorized advertising, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable according to our judgment.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not promote violence or threaten any person legally and do not target any specific person or group for violence.
• Your Contributions do not breach any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not breach any law related to child pornography or intended to protect minors' health or well-being.
• Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not violate these Terms of Service or any applicable law or regulation.

Any use of the Site contrary to these conditions breaches these Terms of Service and may lead to termination or suspension of your Site usage rights.

7. Use of Contributions

By providing information and personal data, you agree that we may access, store, process, and use such data in accordance with the Privacy Policy and your preferences (including settings).

If you submit suggestions or feedback regarding the Site, you agree that we can use and distribute this feedback for any purpose without compensating you.

We don't claim ownership of your Contributions. You maintain complete ownership and all associated intellectual property or proprietary rights to your Contributions. We hold no liability for any statements or representations within your Contributions posted on the Site. You bear sole responsibility for your Contributions on the Site and explicitly agree to release us from any liability and to abstain from legal action against us concerning your Contributions.

8. User Submissions

You understand and agree that any information, such as questions, comments, suggestions, ideas, feedback, or other material about the Site ("Submissions") provided by you to us, is non-confidential and will become our exclusive property. We will have full ownership, including all intellectual property rights, and can freely use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledging or compensating you. By providing Submissions, you waive any moral rights, and you affirm that these Submissions are either original to you or that you have the necessary rights to make such Submissions. You acknowledge that there will be no claim against us for any alleged or actual infringement or misuse of any proprietary right in your Submissions.

9. External Websites and Content

The Site might include links to other websites ("Third-Party Websites") or display articles, photographs, text, graphics, music, videos, applications, or other content ("Third-Party Content") from third-party sources. These Third-Party Websites and Third-Party Content are not reviewed, monitored, or checked for accuracy, suitability, or completeness by us. We are not responsible for any Third-Party Websites accessed through or Third-Party Content available on the Site, including their content, accuracy, opinions, reliability, privacy practices, or policies.

Including links to Third-Party Websites or allowing use or installation of Third-Party Content does not indicate our endorsement or approval. If you choose to visit Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms of Service no longer apply. You should review the relevant terms, policies, including privacy practices, of any website you visit from the Site or regarding any applications you install.

Purchases made through Third-Party Websites are solely between you and the third party, and we are not liable for these transactions. We do not endorse products or services on Third-Party Websites, and you release us from any harm arising from your purchases. Additionally, you release us from any losses or harm resulting from Third-Party Content or interaction with Third-Party Websites.

10. Management of the Site

We retain the right (but not the obligation) to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms of Service, including reporting such individuals to law enforcement authorities; (3) without limitation, refuse, restrict access to, limit the availability of, or technologically disable any of your Contributions or any part thereof, at our sole discretion; (4) without liability or prior notice, remove or disable files and content from the Site that exceed reasonable size limits or adversely impact our systems; and (5) manage the Site to safeguard our rights and property and ensure its proper functioning.

11. Privacy Policy

We prioritize data privacy and security. Kindly review our Privacy Policy: https://flagsheep.io/privacy_policy. Please note that the Site is hosted in the Netherlands. If you access the Site from a region with different laws regarding personal data collection, use, or disclosure than those in the Netherlands, your continued use of the Site means you acknowledge the transfer and processing of your data in the Netherlands. Additionally, we do not knowingly collect, request, or market to children. In compliance with the U.S. Children’s Online Privacy Protection Act, if we become aware that anyone under 13 has provided personal information without verifiable parental consent, we will promptly remove that information from the Site.

12. Virtual Currency and Virtual Items

While using our online services ("Services"), you may accumulate virtual currency and virtual items strictly for use within the Services where they were obtained. Whether obtained through our Services or purchased via a third-party service, you do not hold any rights or ownership over virtual currency, virtual items, or any other game assets. You agree to bear all fees, taxes, and related expenses incurred by you or any user utilizing an account registered to you. This includes costs associated with internet, carrier, device, power, repairs, replacements, data, bandwidth, or any other expenses linked to accessing any service.

We collaborate with reputable third-party services to enable the purchase of virtual currency, referred to as "Gold," with real-world currency. Please carefully review this section to understand the nature and terms of service regarding Gold.

• Gold constitutes a virtual, in-game currency exclusively usable within our Services and is not exchangeable for real-world currency, goods, or services.
• You acknowledge and agree that Gold holds no cash or monetary value and is solely a feature of the Service intended for entertainment purposes.
• By purchasing Gold from us, you agree that we can transfer it to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Gold immediately without waiting for the fourteen day cancellation period. You thereby expressly waive your right of withdrawal.
• All purchases of Gold are final and non-refundable, as permissible by applicable law.
• Once Gold is purchased, you understand and agree that you are not entitled to a refund, wholly or partially, for any reason, including but not limited to account closure, termination of our services, or voluntary account termination.
• Gold can only be utilized within the Service for specific in-game purposes, such as in-game purchases, enhancements, or virtual goods.
• Transferring, selling, or exchanging Gold to other users or external to the Services is strictly prohibited and may lead to the termination of your account.
• In case of account closure, whether at your discretion or due to a violation of our Terms of Service, any unused Gold associated with your account will be forfeited.
• You are responsible for your account's security and ensuring no unauthorized purchases occur. We hold no liability for unauthorized purchases (including fraudulent or minor-initiated purchases). For refund requests for such purchases, please contact your bank or payment provider.
• We reserve the right to modify the exchange rate for Gold at our discretion and without prior notification.
• You acknowledge that the value of Gold concerning in-game items or services may fluctuate, and you agree to accept such changes.
• The utilization and disposition of Gold are subject to these Terms of Service and relevant laws.

13. Duration and Termination

These Terms of Service will be applicable for the duration of your use of the Site. WITHOUT LIMITING OTHER PROVISIONS IN THESE TERMS OF SERVICE, WE HOLD THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USAGE OF THE SITE (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL, FOR ANY REASON OR WITHOUT REASON, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF REPRESENTATIONS, WARRANTIES, COVENANTS STATED HEREIN, OR ANY APPLICABLE LAW OR REGULATION. WE MAY CEASE YOUR USE OR ENGAGEMENT WITH THE SITE OR DELETE YOUR ACCOUNT AND ANY POSTED CONTENT OR INFORMATION, AT OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE.

In case of termination or suspension of your account, you are prohibited from re-registering or creating a new account using your name, a fictitious name, or any third-party name, whether on your own behalf or on behalf of a third party. Apart from account suspension or termination, we retain the right to pursue suitable legal action, including civil, criminal, and injunctive measures.

14. Changes and Interruptions

We retain the right, at our sole discretion and without notice, to alter, modify, or remove content from the Site for any reason. Nonetheless, we are not obligated to update any information on our Site. Additionally, we reserve the right to modify or terminate the entire or partial Site without notice. We will not be held liable to you or any third party for any alterations, price adjustments, suspensions, or discontinuations of the Site.

We cannot guarantee uninterrupted availability of the Site. Occasional hardware, software, or other issues, or the need for maintenance, may result in interruptions, delays, or errors. We reserve the right, without notice, to change, revise, update, suspend, discontinue, or modify the Site at any time or for any reason. You agree that we bear no liability for any losses, damages, or inconveniences resulting from your inability to access or use the Site during any downtime or discontinuation. These Terms of Service do not obligate us to maintain, support, or provide any corrections, updates, or releases for the Site.

15. Applicable Law

These terms are governed by and construed in accordance with the laws of Austria. The use of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If you are an EU consumer and your habitual residence is within the EU, you retain the protections granted to you by the mandatory laws of your country of residence. Flagsheep e.U. and you both consent to the non-exclusive jurisdiction of the courts located in Vienna. This allows you to assert your consumer protection rights concerning these Terms of Service either in Austria or in the EU country where you reside.

16. Resolving Disputes

The European Commission offers an online dispute resolution platform accessible at: https://ec.europa.eu/consumers/odr. If you wish to address any issues with us, please feel free to contact us.

17. Error Corrections

The Site may contain information with typographical errors, inaccuracies, or omissions, encompassing descriptions, pricing, availability, and other details. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Site without prior notice.

18. Disclaimer of Warranties

The Site is provided on an "as-is" and "as-available" basis. Your use of the Site and our services is at your sole risk. We disclaim all warranties, express or implied, regarding the Site and your use thereof, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy or completeness of the Site's content or the content of any linked websites. We assume no liability for errors, inaccuracies, personal injury, property damage, unauthorized access to our servers, interruptions, transmission errors, viruses, or any content posted by users. We do not warrant, endorse, or assume responsibility for any third-party products or services advertised through the Site. Any transactions between you and third-party providers are solely your responsibility. Exercise caution and use your best judgment when purchasing products or services through any medium or environment.

19. Limitation of Liability

We, along with our directors, employees, or agents, shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Regardless of the form of the action, our liability to you for any cause will be limited to the amount paid, if any, by you to us during the six (6) month period prior to the cause of action arising. Some laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, you may have additional rights and some of the above limitations may not apply.

20. Indemnification

You agree to protect, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third party arising from: (1) your use of the Site; (2) violation of these Terms of Service; (3) any breach of the representations and warranties in these Terms of Service; (4) infringement of third-party rights, including intellectual property rights; or (5) any harmful action towards another user of the Site with whom you connected via the Site. However, we reserve the right, at your cost, to take control of the exclusive defense of any matter for which you must indemnify us. You agree to cooperate with our defense of such claims at your expense. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

21. Electronic Communications, Transactions, and Signatures

Your visit to the Site, email correspondence, and completion of online forms constitute electronic communications. By using the Site, you agree to receive electronic communications from us. You acknowledge that all agreements, notifications, disclosures, and other communications we provide to you electronically, either through email or on the Site, fulfill any legal requirement mandating written communication. YOU CONSENT TO UTILIZING ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS FOR TRANSACTIONS INITIATED OR COMPLETED THROUGH US OR VIA THE SITE. By agreeing, you waive any rights or obligations under statutes, regulations, rules, ordinances, or other laws in any jurisdiction mandating an original signature or the delivery or retention of non-electronic records, or necessitating payments or credits through means other than electronic methods.

22. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. Miscellaneous

These Terms of Service, along with any policies or operational guidelines posted on the Site, constitute the complete agreement between you and us. Our failure to enforce any right or provision within these Terms of Service does not waive that right or provision. These Terms of Service are enforced to the fullest extent permitted by law. We reserve the right to assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure caused by events beyond our reasonable control. Should any provision or part of these Terms of Service be deemed unlawful, void, or unenforceable, that specific provision or part shall be considered severable from these Terms of Service, and it will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Service or your use of the Site. You agree that these Terms of Service shall not be construed against us solely based on the fact that we drafted them. By accepting these Terms of Service electronically, you waive any defenses based on their electronic form or the lack of physical signatures by the involved parties.

24. Contact Us

To address any issues or inquiries about the Site, including complaints or requests for additional information about its usage, please reach out to us at:

Flagsheep e.U.
Berg 3, 3071 Böheimkirchen
Austria

office@flagsheep.io