Last modified on: 01.02.2022
The terms of this agreement (“Terms”) govern the relationship between you as a user of our Services (“User” or “you”) and QuartSoft (hereinafter “QuartSoft”, or “We”) registered under the laws of the Switzerland and located at Gubelstrasse 15, Zug, 6300, Switzerland, ID/Tax number CHE-179.235.868.
These Terms regard to your usage of QuartSoft's Services, which include the website https://games.quartsoft.com, https://play.quartsoft.com/, other QuartSoft branded websites and all related pages (“Website”), our social games available on Facebook, our Website and via the mobile applications, including “Farland”, “CoralIsle”, “Papaya: Summer Farm”, “Coral Isle 2: Tropical Stories” (“Games”) collectively referred as the “Services”.
Use of the Services is also governed by QuartSoft's Privacy Policy. Your privacy is important to us. We designed Privacy Policy to inform you about how we collect and use your personal data. We encourage you to read the QuartSoft Privacy Policy carefully. By accessing or using the Website and/or the Games in any way, you accept and agree to the Terms and the Privacy Policy.
To the extent the Terms or the Privacy Policy conflict with any other QuartSoft terms, policy, rules or codes of conduct, the terms contained in these Terms of Services and in the Privacy Policy shall govern.
The Website
Our Website is the online platform which is designed for informing, communicating, user support, and also for providing you access to our Games. You can find on the Website the list of our projects, list of the vacancies, the links to our other social media, our address, e-mail and other information about us.
The Games
Farland, Papaya, CoralIsle are free-to-play mobile farm games available on the Website, via Facebook, and both on Google Play and App Store. The games are multi-played, and you can interact with other people by exchanging the resources with other players, creating clans and chats within the clans, adding friends using ID or the username, giving each other gifts, and being placed on the top-players board.
You can collect different types of the resources, exchange them with other players. Most of the gaming process is free of charge, except forthe possibility to buy a special currency that allows you:
You can learn more about prices in the relevant section of the Games.
Eligibility
You confirm that you have reached the legal age and you agree to be bound by the Terms. If you are a minor, it is necessary that your parents or guardians look through these Terms and give their consent on your usage of the Services. It is especially important in case you would like to buy some of our paid Services.
You can solely accept the Terms and use the Services, if you are at least at the age of:
If you are under the age indicated above, your parents or guardians shall undertake all the consequences resulting from your acceptance of the Terms. You guarantee that your legal guardian has read, understood and agreed to these Terms.
Registration
You may register an account on the Services ("Account") by entering an email address and creating a password. You may also create an account by authorising through a valid account on the social networking Services (“SNS”), such as Facebook.
If you are playing the Games on the mobile devices, you can also authorize in the Services by using your Google Play Games account for Android devices or Apple GameKit for IOS devices. It will allow you to preserve your game achievements within the Services despite the possible deletion of the Services or in case you wish to install it on another device.
In case of registration with an email address via the Website we will send an email confirmation to you. If you click on the link in accordance with the provided instructions, this indicates your acceptance of the Terms and entering into the Agreement with QuartSoft.
You may cancel any Account registered at any time by following the instructions on the Website.
Tech requirements
To use the Services, you will need a device that meets the system and compatibility requirements for the relevant content, working Internet access, and compatible software. We are not responsible for the Services malfunctions, if they are caused due to the inadequacy of your device, Internet connection or software.
Account credentials
When creating an Account, you may select a username and a password ("Login Information").
You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
In the event you become aware of or reasonably suspect any breach of security, for example, any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify QuartSoft and modify your Login Information.
QuartSoft reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Ownership to account
You acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an Account are and shall forever be owned by and inure to the benefit of QuartSoft.
Generally, game or other accounts created with QuartSoft will be considered active until we receive a User request to deactivate or delete them; however, we reserve the right to terminate any Account that has been inactive for 360days.
QuartSoft may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof if you are, or QuartSoft suspects that you are:
QuartSoft reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, QuartSoft shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
Loss of the Account and Virtual Items
If as a result of the account termination or limitation under clause 1.4 you lose your username and persona, or any benefits, privileges, earned items and purchased items associated with your use of the Services, QuartSoft is under no obligation to compensate you for any such losses or results.
From time to time, we may send emails to your email address:
The details of your personal data processing are described in our Policy.
You may have an opportunity to leave the Services via the links to third-party websites and services. For instance, we may provide you with links to our profiles in social media. Such third-party links are not under the control of QuartSoft, and QuartSoft is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by QuartSoft of such third-party websites.
You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and privacy policies apply. We recommend you reading any such terms and policies carefully before using the respective third-party websites and services.
Services in a whole
QuartSoft grants you a non-exclusive, non-transferable, revocable, worldwide, limited license to access and use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
QuartSoft reserves all rights, including all intellectual property rights or other proprietary rights in connection with the Services, since the Services are the property of the QuartSoft or its third-party licensors.
The Services shall include without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, recordings of games played using a QuartSoft game client, and the QuartSoft game clients and server software.
Virtual Items
You may “earn”, “buy”, or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; or (b) virtual in-game items (together with virtual currency, "Virtual Items"). You confirm your understanding that these real-world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Services, including software programs that manifest themselves as these items.
The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment or redemption of a QuartSoft game card or a third-party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Items transfers
QuartSoft prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without QuartSoft's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Any usage of the Services in violation of these Terms, as well as attempts to use, encouraging or assisting any other person to use the Services in such a way, is strictly prohibited and can result in the immediate restriction of your access to the Services. By using the Services, you agree not to:
As to Your Account Usage:
As to the Commercial Activity:
As to the Offensive or Infringing Content:
As to the Collection and Publication of Personal Data:
As to the Unauthorized Use or Connection to the Services:
As to Cheating and Hacking:
As to the Other Restrictions:
“User Content” means any communications, images, sounds, and all the material, and data that you upload or transmit through a QuartSoft Services, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is:
You own your User Content. You hereby grant QuartSoft a perpetual and irrevocable, worldwide, royalty free, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, modify, translate, create derivative works, publish, distribute, sell, license, provide access to, and use in any other way under the applicable law, your User Content as well as all modified and derivative works.
To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant QuartSoft to use the User Content ends when you delete your User Content or your Account unless your User Content has been shared with others, and they have not deleted it. The exceptions could be when you submit any content in response to QuartSoft promotions and competitions or in terms of any other content specifically solicited by QuartSoft.
However, you understand and accept that removed content may persist in back-up copies, as long as indicated in the Privacy Policy.
The Services may include various chat features where you can post User Content, including your observations and comments on designated topics. QuartSoft cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services.
QuartSoft shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit, and would not treat such information as confidential. Quartsoft is not responsible for a User’s misuse or misappropriation of any content or information you post in any forums, blogs and chats.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. QuartSoft reserves the right, but has no obligation, to become involved in any way with these disputes.
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.
User Content may be unauthorized or may otherwise violate these Terms or the applicable law. QuartSoft assumes no responsibility or liability for such User Content. If you become aware of misuse of the Services by any person, please contact us via the contact information in this Terms or in the respective Services.
QuartSoft assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct since we have no obligation to monitor the User Content. If we choose at any time, in our sole discretion, to monitor the Services, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the Services or communications when you are using the Services.
This section of the Terms applies only to those Services that you can get for an additional fee in contrast to most of the Services that are free to use. Please be aware that purchases or redemptions of third-party virtual currency to acquire a license to use virtual items are non-refundable.
Nature and procedure of purchasing the Virtual Items
In the Services you may purchase, with "real world" money, a license to use Virtual Items and other Services. Your license to Virtual Items for use in QuartSoft games commences upon acceptance by QuartSoft of your purchase or redemption of third-party virtual currency.
You can license Virtual Items by visiting the purchase page in one of the Games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. QuartSoft keeps records of transactions in order to deal with any subsequent queries.
By ordering a license to use Virtual Items you agree and accept that QuartSoft will provide it to you promptly following completion of your purchase.
Payments via the intermediary
Please take into account that all payments are carried out by the intermediary Services and not QuartSoft itself. You may pay via the following payment methods, depending on your device operational system:
We recommend that you carefully read the terms of services provision of the selected financial intermediary, as well as its privacy policies.
You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction. After each successful payment you will receive a receipt.
Payment of fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you under the laws applicable to you. QuartSoft may revise the pricing for the goods and services it licenses to you through the Services at any time.
Refunds
You acknowledge that QuartSoft is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an Account is deleted, whether such deletion was voluntary or involuntary.
We are also not generally obliged to make a refund when:
Please notice that if you buy some of the paid Services and decide to delete the App, you won’t be able to get a refund.
Withdrawal
If you reside in the European Union and you purchase a product or Services from QuartSoft, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the use of the Services begins before the end of the Cooling Off Period.
Accordingly, please note that if you purchase a license to use Virtual Items from us, your right of withdrawal is lost as the performance of our Services begins promptly once your purchase is completed.
Taxes
The prices of the Services are specified within the Games. The prices do not include the amount of the applicable taxes you should pay when buying the Services in accordance with the applicable laws of your country.
No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
Disclaimer as to the warranties on the Services’ operation
You expressly agree that use of the Services is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose, except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required.
Without limiting the foregoing, neither QuartSoft nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “QuartSoft parties”) warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
Disclaimer as to the warranties regarding the damages that may be caused to you
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to all damages or injury caused by or related to use of, or inability to use, the Services under any cause, including, without limitation, actions for breach of warranty, breach of contract or tort.
QuartSoft parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use the Services.
Under no circumstances will the QuartSoft parties be liable to you for more than the amount you have paid QuartSoft in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim.
You acknowledge and agree that if you have not paid QuartSoft any amounts in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with QuartSoft is to stop using the Services and to cancel your account.
Disclaimers as to the interaction with the third parties
QuartSoft shall immediately inform you in case of any claims or actions brought against us concerning:
All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by you. You shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to occurrence of the circumstances specified herein.
Equitable Remedies
QuartSoft shall be entitled to injunctive or other equitable relief without the obligations of posting any bond or surety or proof of damages in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any QuartSoft Game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Force Majeure
QuartSoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of QuartSoft, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond QuartSoft's control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree to indemnify, save, and hold QuartSoft and QuartSoft parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the obligations, representations and warranties that you made.
QuartSoft reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify QuartSoft, and you agree to cooperate with QuartSoft's defence of these claims. QuartSoft will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
QuartSoft may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent.
QuartSoft may publish additional policies related to specific Services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms.
QuartSoft reserves the right to change, modify, add or remove portions of the Terms and Privacy Policy at any time by posting the amended Terms on or within the Services. You may also be given additional notice of any changes, such as an e-mail message or messaging within the Services, if the amendments significantly impact your rights and obligations.
You will be considered as having accepted such changes, if you continue to use the Services after the amendments are made. If at any point you do not agree to be bound by the current version of the Terms, please stop using the Services.
QuartSoft may also require that you accept updates to the Services you have installed on your mobile device. You acknowledge and agree that QuartSoft may update the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play QuartSoft's Games.
We may notify you via postings on the Website, and via e-mail or any other communications means to contact information you provide to QuartSoft.
You may contact QuartSoft at: play@quartsoft.com