This Terms of Use Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the website of First Light Interactive, located at the URL https://sites.google.com/view/firstlightinteractive/ (“Site”) and any and all games, applications and related products, including virtual goods, provided by First Light Interactive (“Applications”). Collectively, the Site and the Applications are referred to as the “Services” in this Agreement. Many of these Applications may be playable by one or more persons simultaneously (each a “User” and collectively “Users”), and the conduct of all such Users while playing the Applications or using the Site is governed by this Agreement.
This Agreement is a binding contract between you and First Light Interactive (hereby referred to as "Service Provider") that provides for important rights and obligations. By accessing, browsing, downloading, using or playing our Services you represent to Service Provider that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Service Provider reserves the right, at its sole and absolute discretion, to deny any User access to the Services, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
These terms of use applies also to the Roller Quest app (hereby referred to as "Application") for mobile devices that was created by Service Provider as a Commercial service.
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason.
It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.
Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
In terms of the Service Provider's responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR ACCESS OR USE OUR GAMES.
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. Service Provider does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
Service Provider may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events which occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of Service Provider. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified.
IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER OR OTHER INTERACTIVE DEVICE OR PLATFORM.
The Services include the Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy carefully. By using the Services, you are consenting to the Privacy Policy.
The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Service Provider. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Service Provider. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Service Provider and shall be deemed to be the confidential proprietary information of Service Provider. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Service Provider from third parties. The licensors of those materials are an intended beneficiary of this Agreement and may enforce their rights in the event of any violation of this Agreement.
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY SERVICE PROVIDER AND ITS LICENSORS.
Service Provider may terminate access to any or all Games and/or Services at any time by giving you notice of such termination within the time period specified when you consented to the Services, or if no time period for notice of termination was specified, then no less than thirty (30) days of the date such notice is either provided to you, at Service Provider’s discretion, either by email or by posting on the Site.
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 8 will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.
You further agree that you will not, under any circumstances:
(a) frame or otherwise display any portion of the Services or its contents that is not your User-Generated Content without prior authorization;
(b) sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
(c) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Service Provider;
(d) host, provide or develop services for or using the Services, or intercept, emulate or redirect the communication protocols used by Service Provider in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(e) facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Service Provider. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Service Provider;
(f) to develop or allow any malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;
(g) use vulgar, obscene, pornographic language or other behavior while in the forums, chat rooms, or other public areas that will disrupt the User experience in those areas of the Site;
(h) use the Services in connection with any contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
(i) collect, harvest, scrape or capture any User information, email addresses or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain; or
(j) use the Services in a manner prohibited by any applicable law or government regulation, or by the Terms.
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SERVICE PROVIDER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) SERVICE PROVIDER IS NOT LIABLE FOR ANY DAMAGE TO YOUR DEVICE, INCLUDING BUT NOT LIMITED TO MECHANICAL DAMAGE, LOSS OF DATA, OR ANY OTHER FORM OF DAMAGE THAT RESULTS FROM THE INSTALLATION OR USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE CAUSED BY VIRUSES, MALWARE, OR OTHER MALICIOUS SOFTWARE THAT MAY BE ENCOUNTERED WHILE USING THE SERVICES OR ANY OTHER ISSUES RESULTING FROM THE USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR DEVICE IS ADEQUATELY PROTECTED AND BACKED UP.
SERVICE PROVIDER IS ALSO NOT RESPONSIBLE FOR ANY ADVERSE IMPACT ON YOUR PHYSICAL OR PSYCHOLOGICAL HEALTH THAT MAY RESULT FROM USING THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, STRESS, ANXIETY, FATIGUE, OR ANY OTHER PHYSICAL OR MENTAL CONDITIONS THAT MAY ARISE DURING OR AFTER THE USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR OWN PHYSICAL AND PSYCHOLOGICAL WELL-BEING WHILE USING THE SERVICES AND FOR USING IT IN A MANNER THAT IS SAFE FOR YOUR HEALTH.
(d) THE SERVICES ARE CONTROLLED AND PROVIDED BY SERVICE PROVIDER IN THE SLOVAK REPUBLIC. SERVICE PROVIDER MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE SLOVAK REPUBLIC, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
(e) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY, ASSURANCES, OR GUARANTEES OF ANY KIND. THE SERVICES MAY HAVE DEFECTS, AND YOUR USE IS SOLELY AT YOUR RISK. SERVIS PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING, BUT NOT LIMITED TO, LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING IN THE COURSE OF DEALING, USAGE, OR TRADE PRACTICES. SERVIS PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES; OR, THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY SERVIS PROVIDER, ITS EMPLOYEES OR OTHER REPRESENTATIVES CONSTITUTE A WARRANTY.
TO THE FULLEST EXTENT ALLOWED BY LAW, SERVICE PROVIDER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT SERVICE PROVIDER CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
Solely as a convenience to Users, Service Provider may provide links on the Services to other websites owned by third-parties. Unless otherwise expressly stated, Service Provider does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
The Services are controlled and operated by Service Provider in the Slovak Republic. Service Provider makes no representations or warranties, either express or implied, that Services and other materials available through the Services are appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws.
Whether or not you use the Services inside the Slovak Republic, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
You acknowledge and agree that money damages would not be a sufficient remedy for any breach orthreatened breach of this Agreement by you. Service Provider shall be entitled to seek equitable relief, including a preliminary and final injunction and specific performance, as a remedy for any such breach. Such remedies shall not be the exclusive remedies for a breach by you, but shall be in addition to all other remedies available to Service Provider at law or in equity.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Service Provider, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
You agree that the Services shall be deemed exclusively based in the Slovak Republic, and this Agreement shall be deemed to have been made and executed exclusively in the Slovak Republic. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the Slovak Republic without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Service Provider shall be commenced and maintained in court located in Slovak Republic, having subject matter jurisdiction with respect to such dispute. You and Service Provider agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Service Provider; Service Provider may assign this Agreement without restriction of any kind. No failure on the part of Service Provider to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Service Provider with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
The Service Provider may periodically update their Terms of Use. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms of Use on this page.
These terms and conditions are effective as of 2024-07-05