Effective Date: July 25, 2023

1. INTRODUCTION

These Terms of Use serve to inform users about the terms, conditions, disclaimers, notices, policies, and agreements (collectively referred to as "Terms") that govern their access and use of the games and software developed by IE Elena Kadyshkina ("Company," "we," "us," or "our") on any platform, as well as the websites associated with these Terms, including https://fragments.world and any other websites linked to them (collectively referred to as the "Services").

2, ACCEPTANCE OF TERMS

In order to access and use the Sites and Software, you must accept and comply with the terms and conditions outlined below. Your continued access and use of the Services are contingent upon your acceptance and ongoing adherence to these terms. Additionally, the use of any personal information you provide on our Sites or through our Software will be governed by our Privacy Policy, which can be found at CАЙТ (referred to as the "Privacy Policy"). We strongly advise you to carefully review our Terms, Privacy Policy, and any other terms referenced in this document. If you do not agree to be bound by these Terms, you are prohibited from installing, copying, using, or accessing the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: THIS TERMS CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE REVIEW CAREFULLY SECTIONS 14 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

3, CHANGES TO TERMS

We reserve the right to update or modify the Terms at any time, without prior notice. Any changes will be posted through the Services. It is your responsibility to periodically check these Terms for any updates or modifications. If we make material changes to the Terms, to the extent permitted by applicable law, such changes will become effective either (i) upon your first use of the Services with actual notice of the change, or (ii) 30 days from the date of posting the change, whichever occurs earlier. By continuing to access and use the Services after any such change, you indicate your acceptance of the revised Terms. You agree to review these Terms periodically and acknowledge that you are bound by the current Terms and any modifications to them. As our Services evolve over time, we may also change or discontinue all or part of the Services at any time, without prior notice.

The Terms will indicate the date of the last update. Any disputes arising from these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose. The term "Disputes" refers to any disagreement, legal action, controversy, or claim that arises from or relates to any aspect of these Terms. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable grounds, regardless of whether the claim arises during or after the termination of these Terms.

4, ACCESSING THE SERVICES AND ACCOUNTS

4.1 Representations

When using the Services, you confirm that the information you submit is truthful and accurate. Your use of the Services should not violate any applicable laws or regulations. Additionally, you must be of sufficient legal age or have the legal capacity to enter into these Terms. If you are under 18 years old and wish to use, subscribe to, or register for any part of the Services, a parent or legal guardian must review and agree to these Terms on your behalf, and complete the necessary purchase and/or registration process.

4.2 Game Platforms

To access our games through certain software providers, which may include platforms like Pico and Oculus ("Game Platforms"), you will need to create a Gaming Account with the respective Game Platform. Please note that the terms and conditions of the Game Platform may apply to your use of the Game Platform, your Gaming Account, and your access to our Services through the Game Platform. In case of any conflict between the terms and conditions of the Game Platform and these Terms, these Terms will prevail.

4.3 Your Account

When you access our Services through a Game Platform, we will collect certain information about you from your Gaming Account. This information will be used to create an Account for your use of our Services. You may also provide additional information through the Services' functionality to complete your Account (referred to as an "Account").

Please note that your Gaming Account and player ID are personal and should not be shared or used by any other person without permission. You are responsible for maintaining the confidentiality of your Gaming Account information. It is essential to ensure that your Account information, including the relevant details through your Gaming Account, is accurate, complete, and up-to-date.

4.4 Suspension/Termination

If you violate any provision of these Terms, your permission to use the Services will automatically terminate. Additionally, we may, at our sole discretion, suspend or terminate your access to the Services without notice for any reason. We will not be held liable for any consequences resulting from the suspension or termination of your access to or use of the Service. If you are under 18, your parent or guardian may request the termination of your access to our Services by contacting customer service at info@fragments.world.
5. OUR INTELLECTUAL PROPERTY RIGHTS

All the names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content displayed on or within the Services (referred to as the "Content") are protected intellectual property owned by us, used with permission, or licensed to us. This Content may be safeguarded by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Site and Software, which is copyrighted and protected as a collective work. All the intellectual property rights associated with the Services, along with the related goodwill, are the exclusive property of us or our licensors. By accessing or using the Services, you do not acquire any right, title, or interest in any Content.

Some of our Services may provide you with the option to download Software, which may have automatic updates. Subject to the terms outlined in these Terms, IE Elena Kadyshkina grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Content solely for the purpose of accessing the Services for your personal use. Please note that your use of the Content is licensed to you and not sold, and you acknowledge that no title or ownership rights to the Content are being transferred or assigned to you. These Terms should not be interpreted as a sale of any rights. Any violation of these Terms will result in the immediate revocation of the license granted in this section without prior notice to you.

Except as explicitly permitted in the previous paragraph, you are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or otherwise exploiting the Content or any portion thereof, unless expressly authorized in writing by IE Elena Kadyshkina. You are not allowed to make any commercial use of the information provided in the Content or utilize the Content for the benefit of another business, unless explicitly authorized in advance by the Company. IE Elena Kadyshkina reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, but not limited to, situations where customer conduct is believed to violate applicable laws or is deemed harmful to our interests.

6. CONTENT SUBMITTED BY YOU

User Content: You are solely responsible for any User Content, which includes information, text, reviews, posts, images, recordings, or other materials or content that you upload or transmit through our Services. By using our Services, you agree, represent, and warrant that any User Content you transmit is truthful, accurate, not misleading, and offered in good faith. Furthermore, you affirm that you have the necessary rights to transmit such User Content.

You are prohibited from uploading, posting, or making available on or through our Services any User Content that is protected by copyright, trademark, or any other proprietary right of a third party without obtaining the express written permission from the owner(s) of such right(s). You will be held solely liable for any damages resulting from the infringement of copyright, trademark, proprietary rights, or any other harm caused by such User Content.

We kindly request that you refrain from posting or sending us any User Content, ideas, suggestions, or other materials that you consider private, proprietary, or for which you expect compensation. If you choose to send us any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content, you acknowledge and agree to the following:

We are granted the freedom to use such User Content for any purpose.
The User Content will not be treated as confidential or proprietary.
We may already have similar ideas or projects under consideration or in development.
You are not entitled to any form of compensation or reimbursement from us, unless explicitly agreed upon in writing.

Please note that we have no obligation to maintain the confidentiality of User Content, unless explicitly stated otherwise.

License for User Content: By submitting User Content to us, either directly or indirectly (including through third-party social media platforms directed at us), you grant us a comprehensive license. You warrant that you have the necessary rights to grant us this license, or the owner of the information and material has expressly granted us the rights. The license includes the following:

1. Use and Distribution: We are granted a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, distribute, or otherwise make available your User Content, either in whole or in part, worldwide, for any purpose.
2. Incorporation: We have the right to incorporate your User Content into other works in any form, media, product, service, or technology, now known or developed in the future, for any purpose. This includes the rights to sell, manufacture, or advertise such products or works and to exercise all intellectual property rights associated with them.
3. Use of Personal Information: We have the right to use your name, player ID, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media for advertising or promotional purposes.

Furthermore, you grant each user of our Services a non-exclusive license to access your User Content through our Services. They may also tag, rate, review, comment on, use, reproduce, distribute, display, and perform your User Content as permitted through the functionality of our Services and under these Terms.

Additionally, you irrevocably waive any "moral rights" or other rights related to attribution of authorship or integrity of your User Content that you may have under applicable law or legal theory.

Our Rights: We want to make you aware that we have the right, but not the obligation, to take the following actions at our sole discretion:

1. Evaluation: We may evaluate User Content before allowing it to be posted through our Services.
2. Monitoring: We may monitor User Content for various purposes.
3. Alteration and Removal: We reserve the right to alter, remove, reject, or refuse to post any User Content without providing notice to you. This action can be taken for any reason or for no reason at all. However, please note that we are not obligated to take such actions, and we assume no liability to you for failing to do so or for the manner in which we choose to exercise these rights.
4. Disclosure: We may disclose any User Content, along with the circumstances surrounding its transmission, to third parties. This may be done in order to provide our Services, protect ourselves, our website visitors, and users of our software, comply with legal obligations or governmental requests, enforce these Terms, or for any other reason or purpose that we consider appropriate.

If you come across User Content on our Services that you believe violates these Terms, we encourage you to contact us at info@fragments.world.

7. PROHIBITED USE OF OUR SERVICES

When using the Services, you must adhere to all applicable statutes, orders, regulations, rules, and other laws. The following actions are strictly prohibited:

Sending or posting harassing, abusive, or threatening messages through the Services.
Transmitting unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically, or otherwise objectionable information, data, text, files, links, software, or other materials through the Services. This includes soliciting passwords or personal information for commercial or unlawful purposes, providing instructions for illegal activities, or engaging in behavior that jeopardizes our relationships with partners, customers, or suppliers.
Attempting to conceal or misrepresent the sender's identity or invade someone's privacy through the Services.
Disrupting the normal flow of the Services, including dialogues, or engaging in activities that negatively impact other participants.
Sending spam, unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content through the Services.
Intentionally or unintentionally promoting or engaging in activities that violate local, provincial/state, national, or international laws, including regulations with the force of law, while using or accessing the Services.
Posting or transmitting executable programming, such as viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism, through the Services.
Posting User Submissions or using the Services in a manner that harms the image or rights of the Company, other users, or third parties.
Using any automated program or device, manual process, or any other means to monitor, copy, summarize, or extract information from the Services or our Content, whether in whole or in part. This includes creating frames on other Services that pertain to any portions of the Services.
Attempting to bypass, disable, or interfere with security features of the Services that prevent or restrict the use, copying, or enforce limitations on the use of any of our Content.

8. THIRD-PARTY CONTENT AND LINKS

Any information, statements, opinions, or other content provided by third parties on our Services are the responsibility of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness, or reliability of any third-party content, including opinions, advice, services, offers, statements, or other information on our Services.
We may include links to third-party websites, social media widgets, or other external websites on our Services for the convenience of our users. However, the presence of such links does not imply our endorsement of the third-party service. We have no control over the content, privacy policies, or practices of these third-party websites. Furthermore, we are not able to censor or edit the content of any third-party site. By using our Services, you release us from any liability arising from your use of any third-party website.
You acknowledge that your use of third-party websites, applications, sites, and resources, including any content, information, data, advertising, products, or other materials available through such third parties, is at your own risk and subject to the terms and conditions of use applicable to those sites and resources.

9. COPYRIGHT INFRINGEMENT NOTICES

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). . If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to devs@forfunlabs.com with the subject “DMCA Notice”, and include the following:
Identify the copyrighted work that you claim has been infringed;
Identify the material or link on our Services that you claim is infringing your copyrighted work;
Provide your full legal name, company affiliation, mailing address, telephone number, and email
address; and
Include in the body of your notice the following statement, followed by your electronic or physical
signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our Site Visitor or Software User’s access to and use of our Services if, under appropriate circumstances, the Site Visitor or Software User is determined to be a repeat infringer of the copyrights or other intellectual property rights of FFL or others.

10. NO WARRANTY

We do not provide any warranty or make representations regarding the use, validity, accuracy, timeliness, completeness, or reliability of the content available on our Services.
The Sites, the software, content available on the Sites, content available in the software, and any other materials or items provided through our Services are provided "as is" and on an "as available" basis, without warranties of any kind, either express or implied, to the extent permitted by applicable law.
By operating the Services, we do not imply or represent that we endorse any of the content, materials, or items available on or linked to by the Services, including content submitted by software users. We do not guarantee the accuracy, usefulness, or non-harmful nature of the content or any other materials or items.
We cannot guarantee or promise any specific results from the use of the Services. Any advice or information, whether oral or written, obtained from us, does not create any warranty not expressly stated in these Terms of Service. Your use of the Services will be at your sole risk.
To the fullest extent possible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. LIMITATION OF LIABILITY

You acknowledge that your use of the Services, including the Sites and any software, is solely at your own risk. To the maximum extent permitted by applicable law, the Company, any other party involved in creating, producing, maintaining, or delivering the Services, and the officers, directors, employees, shareholders, and agents of the Company, shall not be liable for any loss or damage that may result to you or a third party. This includes, but is not limited to, any direct, indirect, punitive, or consequential loss or damage, loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption. This limitation of liability applies whether the claim is in tort (including negligence, gross negligence, or otherwise) and relates to the Services in any way, including the use, inability to use, or the results of use of the Services.
Furthermore, the Company, its officers, directors, employees, shareholders, and agents disclaim all liability and responsibility for unauthorized access to or alteration of your submissions or data, statements or conduct of any third person on the Services, or any other matter related to the Services. This includes any loss or damage due to viruses that may affect your computer equipment, software, data, or other property as a result of accessing, using, or browsing the Services or downloading any material from the Services.

We assume no liability or responsibility for any errors, mistakes, or inaccuracies of the content, material, or items.
We are not liable for any personal injury, property damage, or investment losses resulting from your access to and use of the Services.
We disclaim any responsibility for unauthorized access to or use of our secure servers and any personal information stored on our Services.
We are not liable for any interruption or cessation of transmission to or from the Services.
We assume no responsibility for any bugs, viruses, trojan horses, or similar harmful elements transmitted to or through the Services by any third party.
We are not responsible for any errors or omissions in the content, materials, or items, or for any loss or damage incurred as a result of using the Services or any of the available content, materials, or items.
We disclaim any liability for any loss or damage of any kind arising from the use of the Services or any content, materials, or items posted, transmitted, or made available through the Services.

You agree that any causes of action related to or arising from the Services shall be resolved individually, without resorting to any form of class action, and that your sole remedy is to discontinue the use of the Services. If applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other damages, FFL, its subsidiaries, and their respective officers, directors, employees, and agents, successors, and assigns involved in creating or providing the Services shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding the amount you paid to the Company for the specific service that gave rise to the claim or $100, whichever is less.

12. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, our affiliates, and all of our respective licensors, suppliers, directors, officers, investors, employees, agents, successors, assigns, service providers, and contractors. This indemnification includes any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly from:

Your breach of any provision of these Terms,
Your activities in connection with our Services
The Content or other information you provide to us through the Services.

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. You agree to cooperate with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it.

13. DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution. We are available by email at info@fragments.world  to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the above paragraph, then either you or we may initiate binding arbitration. Except for any disputes excluded below, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non- frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 28(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at devs@forfunlabs.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law and Rules: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

14. MISCELLANEOUS

14.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Terms will be enforceable.

14.2 No Waiver
Both parties’ actions and / or inactions will not create any other rights under these Terms except as what is explicitly written in these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

14.3 No Assignment
You may not assign or transfer these Terms to another person.

14.4 Entire Agreement
These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

16. CONTACTING US

If you have questions about the Terms, or if you have technical questions about the operation of the Services and Software, please email us at info@fragments.world.