Privacy Policy

OUR COMMITMENT TO YOUR PRIVACY

Your privacy is important to us at Finger Fun Games Ltd. We are committed to handling your information in a fair and responsible manner in compliance with our obligations under applicable privacy legislation. To better protect your privacy we provide this electronic notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website www.fingerfungames.com.

THE INFORMATION WE COLLECT

This notice applies to all information collected or submitted on our website and through the Mummy Martyr video game. The types of personal information collected though our website include all of the following:

  • Name
  • Email address

 

The types of information collected through the Mummy Martyr video game include:

  • High scores
  • Coins collected
  • Other miscellaneous player performance statistics.

HOW WE USE YOUR INFORMATION

We only use the personal information collected through our website to communicate directly with you about special offers, updates, and new products. We do not share your personal information with any outside parties. Information collected through the Mummy Martyr video game may be posted on third party websites including, but not necessarily limited to, all of the following:

  • Game Center (IOS)
  • Flurry
  • Google Play Services

LEGAL DISCLOSURES

Please be aware that we may be required by law to disclose your personal information without your consent pursuant to judicial or other government requests, or to protect personal safety, the public, our website, the Mummy Martyr video game, and/or other company products.

HOW YOUR INFORMATION IS STORED

All personal information we collect is stored on servers hosted by a third party.

HOW WE KEEP YOUR INFORMATION SECURE

We are committed to keeping your information secure and maintaining its accuracy. The third party servers we store your information on all have their own unique security features and we will use all commercially reasonable efforts to prevent unauthorized access to your information by anyone within our company.

HOW YOU CAN CORRECT OR REMOVE YOUR INFORMATION

You may e-mail us at contact@fingerfungames.com any time to request a copy of the personal information we have in our possession about you and/or to ask us to correct or remove your information from our database. We will take reasonable steps to verify your identity before taking any action in respect of such requests.

WHO YOU CAN CONTACT IF YOU HAVE ANY QUESTIONS

Questions about this policy can be directed to the company’s owners Matias Kamula and Naren Keshav Kathirkamanathan by email at contact@fingerfungames.com or by postal mail at:

159 Wellington Street East
Sault Ste. Marie, Ontario
P6A 2I6

HOW YOU WILL BE INFORMED OF UPDATES TO OUR PRIVACY POLICY

All updates to our privacy policy will be made readily available and accessible through our website www.fingerfungames.com.


END USER LICENSE AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY, THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE”) AND FINGER FUN GAMES LTD. (THE “LICENSOR”). BY USING THE SOFTWARE LICENSED HEREIN, LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF: (1) LICENSOR’S PRIVACY POLICY (available at www.fingerfungames.com); AND (2) THIS AGREEMENT, INCLUDING THE LIMITATIONS ON THE GRANT OF LICENSE AND THE DISCLAIMER OF WARRANTIES CONTAINED HEREIN. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT USE THE SOFTWARE AND PROMPTLY DELETE ANY OF THE SOFTWARE INSTALLED ON THE LICENSEE’S DEVICE. IF LICENSEE WISHES TO USE THE SOFTWARE ON A DEVICE OTHER THAN THE LICENSED PLATFORM, THEN LICENSEE MUST OBTAIN ADDITIONAL LICENSES AND PAY ADDITIONAL FEES IN ADVANCE OF SUCH INSTALLATION. LICENSEE SHALL CONTACT THE LICENSOR FOR ADDITIONAL INFORMATION.

1. DEFINITIONS

1.1. “Agreement” shall mean this End User License Agreement.

1.2. “Feedback” shall mean any ideas suggestions and other feedback provided by Licensee to Licensor in relation to the Software

1.3. “Intellectual Property Rights” includes all patents, inventions, trade-marks, services marks, registered designs, integrated circuit topographies, including application for any of the foregoing, as well as any copyrights, design rights, know-how, confidential information, trade secrets, and any other similar rights in Canada and in any other country.

1.4. “Licensed Platform” shall mean the device on which the Software is being used.

1.5. “Software” shall mean the Licensor’s computer program in object code form, any files delivered by the Licensor (via online transmission or otherwise) to patch, update, or otherwise modify the program, and any related printed or electronic user documentation.

2. GRANT OF LICENCE

2.1. Through this purchase, Licensor hereby grants and Licensee hereby accepts, a personal, limited, non-transferrable, and non-exclusive license (the “License”) to use the Software non-commercially on a single authorized License Platform. Any rights not expressly granted under this Agreement shall be reserved for Licensor. Source code as well as any other information pertaining to the logic, design, or structure of the Software is specifically excluded from the License granted hereunder. Title to the Software shall at all times remain with Licensor and all Intellectual Property Rights of whatever nature with respect thereto shall be and remain the exclusive property of Licensor.

3. USE OF THE SOFTWARE – RESTRICTIONS AND LIMITATIONS

3.1. Subject to the terms of this Agreement, Licensee has the right under the license granted herein to install, execute or run the Software on Licensee’s Licensed Platform.

3.2. Licensee must provide at Licensee’s own expense the Licensed Platform, equipment, Internet connections and/or service plans to access and use the Software. Licensee acknowledges that use of the Software may result in additional charges to the Licensee by its wireless carrier for data, messaging and/or other wireless access. Licensee is solely responsible for any such costs Licensee incurs to use the Software.

3.3. Licensee may not modify the Software nor merge any part of it with another software program. Licensee may not attempt to determine the source code for the Software, nor modify, reprogram, translate, disassemble, decompile, or otherwise reverse engineer the Software (except to the extent applicable laws specifically prohibit such restriction). Licensee may not, except as expressly provided herein, use, disclose, sublicense, lease, rent, or transfer the Software, in whole or in part, to any third party, or provide the benefit of its use to any third parties via a service bureau, time sharing or, application service provider services.

3.4. Licensee may not copy the Software.

4. ACCEPTANCE

4.1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by Licensee by using the Software as described herein.

5. TERM

5.1. The term of this Agreement begins upon acceptance as described herein and is perpetual.

6. TERMINATION

6.1. This Agreement shall remain in effect until terminated as provided herein. If Licensee breaches any provision of this Agreement, the license and this Agreement are automatically terminated without notice and all of Licensee’s rights hereunder shall immediately cease. The termination of this license and/or this Agreement shall not prejudice or affect the accrued rights or claims of Licensor nor shall it release Licensee from any of the restrictions of this Agreement concerning use, possession, copying, or reverse engineering of the Software, all of which shall survive termination.

6.2. Licensee must cease using the Software and delete any installed copies thereof from Licensee’s Licensed Platform upon termination of this Agreement.

7. PROPRIETARY RIGHTS

7.1. Licensee acknowledges that the Software and all related information is proprietary to Licensor and that all rights thereto, including all Intellectual Property Rights, are owned by Licensor. Licensee further acknowledges that the Software contains trade secrets of Licensor and that the Software is protected by Canadian and international copyright and other intellectual property laws and treaties. Licensee bears all risk of loss of the Software while it is in Licensee’s possession or under Licensee’s care and control. Licensee agrees to notify Licensor immediately of the unauthorized possession or use of the Software. Licensee will promptly furnish full details of such unauthorized possession or use to Licensor, will assist in preventing the recurrence of such possession or use, and will cooperate, at Licensee’s expense, with Licensor to protect Licensor’s proprietary rights, including any Intellectual Property Rights. Licensee’s compliance with this provision shall not be construed as a waiver of any right of Licensor to recover damages from, or obtain other relief against, Licensee.

7.2. Licensee acknowledges and agrees that the Software is of an extraordinary and unique character and that the injury which would be suffered by Licensor in the event of a breach by Licensee of any of its obligations hereunder would be irreparable and otherwise of a character which could not be fully compensated for solely by recovery of monetary damages. Accordingly, Licensee agrees that, without in any way limiting the other rights or remedies of Licensor, Licensor shall be entitled to apply to obtain equitable relief, restraining order, injunction, decree, or remedy, as may be appropriate to restrain any breach or threatened breach of this Agreement.

8. ASSIGNMENT OF RIGHTS

8.1. Licensor may assign all of its rights and obligations set out in this Agreement and upon such assignment shall be released from all obligations hereunder. The assignee shall then assume all the rights and obligations of Licensor hereunder and become Licensor under this Agreement.

8.2. Licensee may not transfer or assign any of the rights or obligations under this Agreement to any other person or legal entity.

9. PATCHES AND UPDATES

9.1. Licensor may deploy or provide patches, updates and modifications to the Software that must be installed for continued use by Licensee. Licensor may update the Software remotely without Licensee’s knowledge and Licensee hereby grants consent to Licensor to deploy and apply such patches, updates and modifications.

10. FEEDBACK

10.1. Licensee agrees and acknowledges that in exchange for the use of the Software all Feedback may be used by Licensor to improve and/or enhance the Software and/or other Licensor products. Accordingly, Licensee agrees to grant Licensor an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use or otherwise exploit all Feedback provided by Licensee to Licensor without any limitation whatsoever and without any further notice or compensation to Licensee.

11. NO WARRANTIES

11.1. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, NOR THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. LICENSOR IS NOT RESPONSIBLE FOR THE RESULTS OF LICENSEE’S USE OF THE SOFTWARE OR FOR ANY ACTION TAKEN BY LICENSEE OR THIRD PARTIES ON THE BASIS THEREOF. LICENSOR MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.

LIMITATION OF LIABILITY; INDEMNITY

11.2. THE MAXIMUM AGGREGATE LIABILITY OF THE LICENSOR, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND RE-SELLERS, UNDER THIS LICENSE FOR ALL LOSSES, DAMAGES, EXPENSES, OR INJURIES, WHETHER UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY), BY STATUTE, OTHER LEGAL THEORY, OR OTHERWISE, HOWSOEVER ARISING, SHALL BE LIMITED TO THE GREATER OR THE LICENSE FEES PAID BY LICENSEE HEREUNDER OR ONE HUNDRED CANADIAN DOLLARS (CAD$100), REGARDLESS OF A BREACH OF ANY FUNDAMENTAL TERM OR A FINDING THAT THE REMEDIES PROVIDED HEREIN FAILED WITH RESPECT TO THEIR ESSENTIAL PURPOSE. NO ACTION OR PROCEEDING RELATING TO THIS LICENSE MAY BE COMMENCED BY LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.

11.3. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR: (1) ANY AMOUNTS REPRESENTING LOSS OF PROFITS OR REVENUES HOWSOEVER ARISING; (2) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SAME; (3) DAMAGES OR EXPENSES ARISING FROM CHANGES IN OPERATING CHARACTERISTICS OF HARDWARE OR SOFTWARE WHICH ARE MADE AFTER THE RELEASE OF THE SOFTWARE; OR (4) DAMAGES ARISING FROM THE USE OF THE SOFTWARE WITH OTHER SOFTWARE. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS LICENSOR IN RESPECT OF ALL CLAIMS OR DAMAGES EXCLUDED HEREUNDER.

11.4. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LICENSOR FROM AND AGAINST ANY AND ALL LOSSES, COSTS, EXPENSES, CLAIMS, OR DAMAGES ARISING OUT OF ANY CLAIM, SUIT, ACTION, OR JUDGMENT BROUGHT AGAINST LICENSOR BY A THIRD PARTY AS A RESULT OF THE USE BY LICENSEE OF THE SOFTWARE, THE PERFORMANCE, NON-PERFORMANCE, OR IMPROPER PERFORMANCE OF THE SOFTWARE.

12. HEADINGS

12.1. The article headings in this Agreement are inserted for convenience of reference only and shall not be considered in the interpretation of this Agreement.

13. PREAMBLE

13.1. The Preamble forms an integral part of this Agreement.

14. GOVERNING LAW

14.1. This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, and any dispute stemming from this Agreement shall be submitted to the jurisdiction of the courts of the Province of Ontario, Canada. The Parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

15. LANGUAGE

15.1. The parties hereto have required that this License and all documents relating hereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

16. FORCE MAJEURE

16.1. Licensor shall not be liable to the Licensee for non-performance or delay in performance caused by anything beyond its reasonable control, including without limitation, acts of God, acts or omissions of Licensee, acts of government, war, strikes, lockouts, embargoes, failure of communications networks, or denial of service/access attacks.

17. SEVERABILITY

17.1. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and shall be severed from the balance of this Agreement without invalidating or affecting the remaining provisions of this Agreement in that or any other jurisdiction, which remaining provisions shall continue in full force and effect.

18. ENTIRE AGREEMENT

18.1. This Agreement constitutes the entire agreement and understanding between the parties with respect to the matters dealt with herein. All previous agreements, understandings, and representations, whether written or oral, between the parties have been superseded by this Agreement.

19. NOTICES

19.1. All notices to Licensor under this Agreement are to be provided at the following address:
159 Wellington Street East
Sault Ste. Marie, Ontario
P6A 2I6