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Privacy Policy

TERMS OF USE AGREEMENT

Effective Date: April 1, 2020

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE DOWNTIME MANAGER APPLICATION.

By downloading, accessing and/or using this mobile application (the “Application”) owned by Fanatic 5 Solutions Ltf. (“F5S”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Use Agreement (“Agreement”). F5S may change the terms of the Agreement at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of the Application shall be considered your acceptance of the revised Agreement. You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application and/or our website at www.fanatic5s.com, to determine if you have the most current version of the Application. If you do not agree to this Agreement, please do not download the Application.

No Warranties

The Application is provided subject to all of the terms set forth in this documentation. F5S does not warrant that the Application will be constantly available, or available at all. F5S does not warrant that the Application is free of defects or errors.
The Application provided by F5S is provided “as is” without warranty of any kind. F5S expressly disclaims any warranty, regarding the Application including any implied warranty of merchantability, fitness for a particular purpose, or for failure of performance. F5S does not warrant that the Application will be free from defects or errors. You agree that downloading and use of the Application is at your own risk and that F5Ss not responsible for any damages or losses whatsoever resulting from your downloading or use of, or your reliance upon, the Application. By downloading the Application you expressly agree to hold F5S harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your use of the Application.

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL F5S BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD F5S, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.

Unenforceable Provisions

If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

Ownership of Intellectual Property and Limited License

All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by F5S. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, storyline, character names and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by F5S. F5S grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile device or PC from the app stores or game stores; use this Application as herein set forth; copy and store this Application and the material on this Application in your device’s cache memory. F5S does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by F5S.

Use and Prohibited Use Restrictions

You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without F5S’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.

Enforcement of Copyright and Protection of Intellectual Property

If F5S discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, F5S may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of F5S’s copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by email to roll@fanatic5s.com or by first-class mail to Fanatic 5 Solutions, 11. Kertész Str., Szeged, 6726, Hungary.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

This privacy policy is also compliant with EU’s new GDPR regulation, effective from 25th of May, 2018.

Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

When ordering one of our games or registering on Downtime Manager app or website, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

We use your personal information to:

  • Store your game profile on our servers. Your profile is only accessible to you.
  • Send you emails regarding two topics:
    • When there’s a new game released by F5S
    • When there’s an important update we’d like you to install to maximize your gaming experience

We also analyse in-game behaviour of players to learn and to make better games for you. This analysis however is purely statistical, it is not connected to your personal data in any way.

You can:

  • Ask us to delete any or all information we have about you.
  • Ask us to send you any or all information we have about you.
  • Ask us NOT to send emails to you:
    • Not to be notified on new releases
    • Not to be notified on important updates

You can reach us at: evildm@fanatic5s.com with such requests.

Our website

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to Downtime Manager app or F5S website as safe as possible. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Chrome) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled that make F5S website experience more efficient and some of our services may not function properly.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, enforce Downtime Manager app or website policies, or protect ours or others’ rights, property, or safety.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.  See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit F5S app or website anonymously. Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above. Users will be notified of any privacy policy changes via Email.

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur and we will notify the users via email within 7 business days. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

Governing Law and Dispute Resolution

This Agreement shall be governed by and shall be construed in accordance with the laws of Hungary, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within Hungary. The parties submit to personal jurisdiction within Hungary.

Contact Information

F5S may be contacted by mail at Fanatic 5 Solutions, 11. Kertész Str., Szeged, 6726, Hungary or by email at roll@fanatic5s.com.