Terms of Service

Users of the Services offered by Finepoint Trading Limited acknowledge and accept these terms and conditions.

Owner of Finepoint Trading Limited and related Services

4th Floor, RJT Edifice, Water Front Drive, P.O.Box 260, Road Town, Tortola, VG1110, British Virgin Islands

Introduction

This document

This document is a legal agreement between you, the User, and Finepoint Trading Limited for your use of its website and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this Agreement are binding on the relationship between you and us once you have accepted the terms.
 

For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User, either registered or not. “We,” “our,” “us” and like terms refer to Finepoint Trading Limited as outlined in the present document. “Finepoint Trading Limited” refers to the current website. “Agreement” refers to this document, as amended from time to time, together with the Privacy Policy which is incorporated hereby by reference as if fully set forth herein. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use Finepoint Trading Limited, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Finepoint Trading Limited reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.

Information about Finepoint Trading Limited

Finepoint Trading Limited is a social games app. By registering on Finepoint Trading Limited, the Users will be able to entertain themselves, interact with other Users through in app chat features and compete against other players to improve their ranking and possibly win the in-app rewards and prizes at stake.

Registration, content available on Finepoint Trading Limited and prohibited Use of Finepoint Trading Limited

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential and for restricting access to their personal device which they should not leave unattended.

If the User has reasons to believe that their account is no longer safe because it has supposedly been, including but not limited to, hacked, stolen, lost, unduly disclosed etc., the User should immediately notify the Owner at the email address provided at the beginning of the present document.

Age eligibility

By registering on Finepoint Trading Limited, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users under the age of 18.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
 

If you violate the Terms, the Owner 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 the Owner need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.

The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:

  • User has violated this Agreement; and/or
  • User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
  • the use of Finepoint Trading Limited by the User may result in violation of law or regulations; and/or
  • in case of an investigation by legal action or governmental involvement; and/or
  • the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content provided by the Owner

The content provided by the Owner is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Finepoint Trading Limited or allow any third party to do so through the User or its device, even without User’s knowledge.
Where explicitly stated on Finepoint Trading Limited, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Finepoint Trading Limited, for the User’s sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through Finepoint Trading Limited, that they upload and post on or through Finepoint Trading Limited, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualization of said content in the event that:

  • other Users file complaints;
  • a notice of infringement of intellectual property rights is received;
  • it is decided to do so in view of, or as a result of, legal actions;
  • said action is solicited by a public authority; or
  • if it is believed that the content, while being accessible via Finepoint Trading Limited, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

By creating, delivering, submitting, posting or displaying User Generated Content on or through Finepoint Trading Limited, the User grants a non-exclusive, royalty-free, worldwide, irrevocable, perpetual and with the right to sublicense license to the Owner without territorial limits, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Finepoint Trading Limited. The Owner is not responsible for the content provided by third parties or for its availability.

Forbidden use

The Service shall be used only in accordance with the Agreement. Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Finepoint Trading Limited or any portion of it;
  • circumvent any technology used by Finepoint Trading Limited or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Finepoint Trading Limited;
  • use any robot, spider, site search/retrieval Finepoint Trading Limited, or other automated device, process or means to access, retrieve, scrape, or index any portion of Finepoint Trading Limited or its content;
  • rent, lease or sublicense Finepoint Trading Limited;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • publish any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
  • promote activity that may endanger your life or the life of any other User or lead to physical harm. This includes, but is not limited to: suicide threats, intentional physical trauma, use of illegal drugs, or drinking excessively. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self – destructive or violent behaviour on Finepoint Trading Limited;
  • publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of Finepoint Trading Limited or another User’s experience or devices. Such activity includes: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, Misinformation (such as feigning distress, posting misleading metadata, or intentional channel misscategorization), Tampering (such as artificially inflating follower counts or live viewer stats) etc.;
  • publish any content that exclusively focuses on extreme or gratuitous gore and violence;
  • probe, scan or test the vulnerability of Finepoint Trading Limited, including the services or any network connected to the website, nor breach the security or authentication measures on Finepoint Trading Limited, including the services or any network connected to Finepoint Trading Limited;
  • conceal their identity or steal someone else’s identity or, in any case, pretend to be or represent a third party, if not expressly allowed to do so by such third party;
  • manipulate identifiers in order to disguise or otherwise conceal the origin of their messages or of the UGC published;
  • harvest or collect any personally identifying information of other Users, including but not limited to the email addresses or contact information, by circumventing the privacy setting of User’s account on Finepoint Trading Limited or by any other means;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Finepoint Trading Limited in any way;
  • indicate or try to imply in any manner that you have a relationship with Finepoint Trading Limited or that Finepoint Trading Limited has endorsed you, your products or services or any third party’s products and services for any purpose;
  • use Finepoint Trading Limited to publish or otherwise disseminate copyrighted material, without the consent of the copyright holder;
  • perform any activity, such as cheating, hacking, botting, or tampering, that gives the User an unfair advantage in the game;
  • use Finepoint Trading Limited in any other improper manner that violates the Agreement.

Right of withdrawal for European Users

According to the applicable European consumer protection law, in case of purchase of services the European User has the right to terminate the Agreement, within 14 days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, User can use the withdrawal form available at the bottom of the Agreement.
Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed.

Limitations on the right of withdrawal

Notwithstanding the above, the User acknowledges and accepts that the right of withdrawal does not apply to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw.
Therefore, if the European User has made a purchase on Finepoint Trading Limited and the Service provided by the Owner is immediately provided so that User has immediate access to the use of the relevant Service, the withdrawal right shall be no longer actionable.
The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the User and their acknowledgement of the loss of the right to withdrawal.
This means that whenever a European User purchases digital items from within Finepoint Trading Limited, the withdrawal right shall be no longer actionable.

Refund and order correction

The User can ask for a refund or order correction only if:

  • the User is charged for items that they did not purchase or
  • they do not receive the items they did purchase or
  • they are charged the incorrect amount.

Refund requests shall be processed provided that they are received within 24 hours from purchase. Refund requests received past 24 hours from purchase shall be evaluated at the Owner’s sole discretion.
Except for the above mentioned cases, no refund shall be provided for any purchase made.

Indemnification and limitation of liability

Disclaimer of Warranties (non EU users)

The Owner provides the services to you strictly on an “As is” basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:

  • errors, omissions or inaccuracies in any “content”;
  • personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “Application”;
  • any unauthorized access to or use of our systems and/or any information accessible through such systems;
  • any interruption of the “services”;
  • any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party;
  • any access to your device and/or information available through such access; and/or
  • any loss or damage of any kind incurred as a result of the use of the “services.”

The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.

Limitations of Liability (non EU users)

You use Finepoint Trading Limited and the content therein at your own risk. In no event will the owner be liable for any indirect, incidental, punitive, special or consequential damages arising out of or relating to this agreement, including, but not limited to, damages for loss of profits, loss of business, loss of use, or loss of customer data or other intangible property, even if the owner has been advised of the possibility of such damages.
Each provision of this agreement that provides for a limitation of liability, disclaimer of damages, or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable from and independent of all other provisions of this agreement.

Limitations of liability for the European User

Finepoint Trading Limited and all functions accessible through Finepoint Trading Limited are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. Finepoint Trading Limited and functions accessible through Finepoint Trading Limited are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Finepoint Trading Limited. Therefore, the Owner shall not be liable for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of Finepoint Trading Limited due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or Finepoint Trading Limited.’s and
  • incorrect or unsuitable use of Finepoint Trading Limited by Users or third parties.

Indemnity

You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: (i) your use of the Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

Software license and intellectual property rights

Software license

Finepoint Trading Limited grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by Finepoint Trading Limited. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement.
The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Other Intellectual properties rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Finepoint Trading Limited and all rights in and to the user interface, features and functionality of Finepoint Trading Limited and underlying software, including code (“Owner’s IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner’s IP except to the extent necessary for you to use the Services in compliance with the Agreement.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Finepoint Trading Limited are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Joint provisions

DMCA Notice

Under the Digital Millennium Copyright Act (“DMCA”), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).

Your “takedown notice” must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send this takedown notice in physical form to Finepoint Trading Limited as follows:

Finepoint Trading Limited

13 Upper Baggot Street, 2nd Floor, Dublin 4, D04 W7K5, Ireland

You can also send a copy by email to [email protected] but you must send the physical version described above to the physical mail address specified.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Providing the Service

From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.

Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by the Owner constitute the entire agreement between Owner and you concerning the Services.

Severability

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No Waiver

The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Online dispute resolution for consumers – EU consumers only

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer and also the Owner is based in the European Union, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.

Definitions

Service

The service provided by Finepoint Trading Limited as described in these Terms and in Finepoint Trading Limited.

User

Any user of the Service, whether a human being or legal entity.

Terms and Conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

Privacy Policy

The privacy policy of Finepoint Trading Limited

Software

The software embedded in the Service provided by the Owner.