LAST UPDATE: 21/07/2020
You acknowledge and agree that the Service may contain default content within stories and/or contests that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Krash Studio, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works, in whole or in part, from default content contained within stories and/or contests. The Fastory name and logos are trademarks and service marks of Krash Studio (the “Fastory Trademarks”). You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works, in whole or in part, from content created with the Service containing Fastory Trademarks. You may not remove any watermarks or copyright notices contained in the Fastory content.
Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fastory Trademarks displayed on the Service, without our prior written permission in each instance. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. All goodwill generated from the use of Fastory Trademarks will inure to our exclusive benefit.
You acknowledge and agree that Krash Studio may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Krash Studio, its users and the public.
Krash Studio respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Krash Studio of your infringement claim. Under no circumstances will Krash Studio be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content.
Krash Studio may, from time to time, need to interrupt Fastory Site for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Krash Studio and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
As part of our commitment to providing a high-quality, fast and reliable service, Krash Studio have a Fair Use Policy (also referred to as the FUP) for its Software as a Service (SaaS) Products. The FUP contains guidelines for customers’ use of the Krash Studio products to ensure that each customer has a consistently high-quality experience. Krash Studio take measures to ensure usage is within reasonable parameters and in accordance with the license. Krash Studio products offer a multi-tenant service. This means that our products are used concurrently by a number of subscribers. If a single customer places very high demands on the service then it is possible that this will affect the experience for other users. The vast majority of our customers use their service considerately and their usage levels during peak hours don’t disproportionately affect the shared network and service capacity. Even though only a very small number of our customers may use the service inappropriately, their activity has the potential to affect the service for others. Our Fair Use Policy manages the inappropriate use and makes sure the service can be used fairly by everyone. The Fair Usage Policy: Usage of Krash Studio SaaS Products is monitored on a continuous basis. Only customers that consistently generate exceptionally high load over a sustained period of time will be affected by the Krash Studio FUP. Each online content materials created and hosted by Krash Studio is subject to a fair usage limit of 1 billion impressions per month with no more than 50 thousands impressions per day. If a customer repeatedly exceeds this FUP, Krash Studio reserve the right to restrict service or levy charges for excessive usage (i.e. recommend to apply for a paying account). Extenuating Circumstances: Krash Studio understand that customers will occasionally have very high volumes of traffic outside of normal usage patterns. In those cases where this traffic can be predicted, Krash Studio request to be informed with as much notice as possible to ensure that service delivery remains consistently high.
You agree not to use Fastory to:
Krash Studio enable you to engage and procure certain third party services, products and tools for enhancing your overall user experience, including, without limitation, third party applications and widgets offered via the Fastory website, third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, Krash Studio merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Krash Studio will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Fastory and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
Unless expressly stated otherwise in the quotation or notified to Fastory by any appropriate written means, the client authorises Fastory to use his name, his brand, his logo, the references of his website and of his Fastory campaigns as business references, in any medium and any form.
The client agrees that his campaigns may be broadcast free of charge by Fastory on its own website and its social networking accounts, as well as in presentations of its activities by any means and on any medium, for internal and/or external promotional and communication purposes.
We encourage parents to take an active interest in their children’s use of the Internet. Fastory is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on Fastory.
Each Sponsor running Stories and/or contests within Stories using the Service is responsible for providing its own Stories and/or contests within Stories rules, terms, and conditions, and ensuring such Stories and/or contests within Stories complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Story and/or contests within Stories is provided below the Story and/or contests within Stories entry form. You will be required to agree to these rules and terms and conditions before you can enter each contest. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Krash Studio shall not be responsible or liable for any Sponsor’s or other third party’s compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Story and/or contests within Stories.
Month-to-month and Annual billing agreements (also called subscriptions) are automatically renewed without notice at the end of each billing period. The service is billed on the first day of the billing period and is not refundable. Upon automatic renewal of subscription, the User is once again committed for a period of 30/365 days unless the User inform Krash Studio by email with 90 days notice before renewal date, that he want to stop the subscription. Orders that are not billed monthly or annually will not be automatically renewed.
No payment made for an order of any kind will be refunded. For clients who choose monthly or annual billing (also called subscription), a plan that is downgraded or removed during their commitment period shall under no circumstances be cause for a total or partial refund. If any order (single game, game packages or annual billing) is not used within 12 months of signing the cost estimate and/or paying the invoice, this is not grounds for a total or partial refund of the payment made.
The User may not upgrade or downgrade an order that is not subject to an annual billing (also known as subscription) once the order is confirmed. In the event a User upgrades to a more expensive plan when using annual billing (also called subscription), the new order will go into effect immediately. The user will automatically be billed and charged the full amount for the new order less the amount of the initial order, and will again be committed for a period of 365 days from the date of the upgrade. In the event a User downgrades to a less expensive plan when using annual billing (also called subscription), the User must cancel annual billing by following the instructions below. They will then be able to choose a less expensive plan once the annual billing (also called subscription) commitment period in place at the time of the downgrade ends. Downgrading may result in the loss of content and features. Krash Studio SA shall under no circumstances be held responsible for such losses, and it is up to the User, in this situation, to take all necessary steps in advance to preserve their content.
Facebook requires that Krash Studio notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform :