Fizzy Cool is a US company
For questions, support and legal enquiries please contact firstname.lastname@example.org
Fizzy Cool's primary objective in collecting user information is to provide and enhance the Service and to enable users to easily navigate and enjoy the Service.
When you install any of the Fizzy Cool games or applications, we may collect and record the information you provide us voluntarily through services such as www.facebook.com ("Facebook") in accordance with the policies and terms of Facebook.
The types of personal information collected in accordance with the activities listed above may vary depending on the activity. This "personal information" is defined as information about you that can be used to contact or identify you. Personal information may include: (1) your name, (2) Facebook user identification number, (3) or email address. Additionally, we may acquire information from you through (1) your access and participation in message boards on the Service (2) your email of a question to our customer support or (3) your purchase of a virtual product of any type. Please note that because a third party site manages the purchases of virtual goods offered by the Service, we do not have access to your credit card details and billing information.
Fizzy Cool may also invite you to share non-personal information about yourself which may include but is not limited to: (1) your age or date of birth; (2) your gender; (3) information about the hardware you may own; (4) your favorite websites, friend information and fan pages (collectively referred to as "non-personal information"). If non-personal information is collected for an activity that also requires personal information, Fizzy Cool may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the quality and value of the Services and to analyze how our Service is used.
The Service will also record game play information such as your high scores or game session duration.
In addition to information collected as described above, you may choose to share additional information about yourself throughout the Service, such as in games or on message boards. Any action you perform with other players are considered public, and are your sole discretion.
Finally, any time you access the Service, we may collect aggregate information including but not limited to internet protocol addresses, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We use this information to better tailor the Service to your interests, to provide you more efficient customer support, and to overall enhance the Service.
In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used solely for the purpose of providing you with and improving the Service.
You understand and agree that we may be required to disclose any personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including but not limited to a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of the public. Note that Fizzy Cool is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that Fizzy Cool may receive.
Additionally, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, customer information may be transferred to Fizzy Cool's successor or assignee, if permitted by and done in accordance with applicable law.
A cookie is a small data file that we transfer to your computer's hard disk, generally to quickly identify a user's computer and to "remember" things about the user's visit, such as your preferences or a user name and password. The Service sends cookies to your computer when you access or view content of a Fizzy Cool service. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
The Service may contain links to other websites. The fact that the Service links to a website or presents a banner ad or other type of advertisement does not mean that Fizzy Cool endorses or authorizes that third party, nor is it a representation of our affiliation with that third party. Fizzy Cool is in no way responsible for the privacy policies of these other websites to which you choose to access from the Service. Please be sure to read the privacy policies of those websites when exiting the Service.
When you use or connect to a Fizzy Cool website or download a Fizzy Cool mobile app by or through a Third Party Platform, such as Facebook or other social networking site, you allow us to access and/or collect certain information from your Third Party Platform profile/account (such as your Facebook account) or via any cookies placed on your device by such Third Party Platform as permitted by the terms of the agreement and your privacy settings with the Third Party Platform. We will share such information with the Third Party Platform for their use as permitted by the terms of the agreement and your privacy setting with the Third Party Platform.
We will share some of the information we collect from you upon install of the mobile app with vendors and other service providers who are engaged by or working with us in connection with the operation of the services we provide to you and/or for analytics purposes which may require the reproduction and display of such information in an aggregated and anonymized manner such that will not in any way identify you.
You may review, update, correct or delete any personal information by changing the applicable information by changing the applicable information in your Facebook profile page. If you completely delete all this information, your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we are not legally obligated to retain the record.
We have put in place reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums.
The Service is not geared toward children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. If we learn that a child under 13 has provided us with personal information we will delete such information from our files as quickly as possible.
These Terms of Service ("Terms") are a legal agreement between Fizzy Cool ("Fizzy Cool" or "we") and you ("you"). By using or accessing any Fizzy Cool game or application ("Service") you agree to be bound by these Terms.
By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms.
Fizzy Cool reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.
If you do not agree to the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms.
If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
If you violate the Terms, Fizzy Cool reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service.
You agree that Fizzy Cool need not provide you notice before terminating or suspending your account(s), but it may do so.
Fizzy Cool reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You agree that Fizzy Cool may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use.
The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Fizzy Cool's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
All other uses of copyrighted material, including any derivative use, requires express prior written permission from Fizzy Cool. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Fizzy Cool and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Fizzy Cool. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Fizzy Cool, or any derivative works thereof.
Fizzy Cool grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
You agree that you are willingly publishing the content on the Service using technology and tools provided by Fizzy Cool. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Fizzy Cool. You grant Fizzy Cool the right to act as an agent on your behalf as operator of the application.
Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Fizzy Cool. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Fizzy Cool is not responsible for any files users upload, post, or otherwise make available. Fizzy Cool may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Fizzy Cool service. By using Fizzy Cool you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Fizzy Cool will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
Fizzy Cool reserves the right to remove and permanently delete any User Content from the Service with or without notice.
The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency. Virtual Currency can never be redeemed for real money, goods, or any other item of monetary value from Fizzy Cool or any other party. You understand that you have no right or title in the virtual in-game items or Virtual Currency.
Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in Fizzy Cool sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
Fizzy Cool retains the right to modify, manage, control and/or eliminate Virtual Currency at its sole discretion. Prices and availability of virtual in-game goods are subject to change without notice.
The Fizzy Cool Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. Fizzy Cool has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Fizzy Cool may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Fizzy Cool, and these communications should not be considered reviewed or approved by Fizzy Cool. Fizzy Cool will not under any circumstances be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Fizzy Cool is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Fizzy Cool, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Fizzy Cool makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will Fizzy Cool, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fizzy Cool has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Fizzy Cool shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Fizzy Cool, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
By visiting or using the the Service, you agree that the laws of the United States, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and Fizzy Cool. Any claim or dispute between you and Fizzy Cool that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in the United States, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the United States. Fizzy Cool reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Fizzy Cool following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Fizzy Cool AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.