Terms and Conditions v.1.3
These Terms of Service expressly incorporated herein (“Terms”) apply to any access to, or use of, Pocket Arena Services made available by Emoji Games GmbH (the detailed address will be shown by the end of the Terms of Service under the name “Pocket Arena” ( or will be called as “PA” in short), the casual eSports platform and virtual game item exchange platform for app-less games and using the software of Pocket Arena relating to the Site, and to any other related services provided by any 3rd party service providers (collectively, the “Services”).
You are allowed to use the PA Services if you are eligible in accordance with the law of your residence. The Company has no obligation or capability to verify whether you are eligible to use the PA Services and bears no responsibility for your use of the PA Services. The Company reserves a right to block your PA Account on the PA platform if we have any doubts with regard to your eligibility. PA Services are for the use only of the registered account holder. You agree that the information you provide to the Company during account creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so. If you are under 18 years of age, you are not authorized to use PA Services.
It is at the sole discretion of the Company whether it will approve the opening of accounts. Additionally, the Company reserves the right to suspend accounts temporarily or permanently, including where required or recommended by applicable governmental, regulatory, or law enforcement requirements.
3.1. You may create your PA Account under these Terms and conditions and receive the following services ( called "Platform”, “Platform Services" or "PA Services" ):
a) PA games that you can simply play single mode and(or) multiplayer mode (tournaments) on your mobile phone or on your PC. By playing PA games, you may be able to get rewards of XP (Experience Points) which you can exchange into POC. POC is a utility token for Pocket Arena dApps running on Stellar Lumens. You can participate in online tournaments of some PA games and play against other user(s) which are subject to the entry fee.
b) Electronic wallet ("falk.app"or called “Wallet”) that allows you to store, track, transfer and manage your Pocket Arena Token as well as other cryptocurrencies ( collectively called "Tokens ") based on Distributed Ledger Technology (“DLT”) , the Tokens that you receive by winning the PA tournaments or by playing the PA games or by purchasing for the sole purpose of accessing Pocket Arena Platform;
c) Decentralized in-game item exchange that allows you buying or selling tokenized game item via Tokens and also allows another cryptocurrency or exchanging them to other Tokens.(once implemented)
3.2. The Company grants you a limited non-exclusive, non-transferable and revocable license to use the Platform Services via your PA Account.
4. PA Account
4.2 You shall ensure safety and confidentiality of your password and bear all risks related to the disclosure of your password to third parties. The Company or any affiliated person is not in possession of your password and at no event shall bear any liability in case of loss of the password or its disclosure to a third party.
4.3 We hope that you will continue using our PA Services, but if you do not agree to our updated Terms and no longer want to be using Pocket Arena Services, you can delete your account at any time by sending email to email@example.com. However, please note and acknowledge that your Tokens stored on the Wallet will be deleted permanently. Once your confirmation of deleting your account, you agree that you will forfeit your right for any POC stored at your Wallet upon deleting your account. We can not restore your account again once you have confirmed to delete your account.
4.4. PA reserves the right to suspend any account at our own discretion that is not active (no activities and no actions) for 30 days after registration at the PA account. Upon suspension, We shall reclaim the welcome POC which has been granted for free in the account of the inactive user.
4.5 The verified users of Falk.app may be able to use the PA Services provided by Pocket Arena by accepting the Terms.
4.6. Identity Verification
We may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your Account. We will have no liability or responsibility for any permanent or temporary inability to access or use any Services of falk.app or Pocket Arena, including your inability to deposit or to withdraw Tokens, as a result of any identity verification or other screening procedures.
4.7. Restrictions of Accounts
We may, in its sole discretion, limit the number of PA Accounts that you may hold, maintain, or acquire, consistent with its AML/KYC policy.
4.8. Account Limitations and Closing Your Account
4.8.1 If we determine that you are incurring an excessive amount of chargebacks, disputes, complaints or other irregularities by using the PA Services, we may establish controls or conditions governing your account, including without limitation, by terminating or suspending the Services.
Without limiting the foregoing, we may suspend the Service and block access to your account (including without limitation the funds in your account) if:
• you have violated the terms of this Terms of Agreement,
• we determine that you pose an unacceptable credit or fraud risk or other liability risk to us,
• you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct,
• we have security concerns regarding your account, including your credentials, or
• we suspect unauthorized or fraudulent use of your account or any sensitive information in your account.
In such cases we will inform you of the suspension of your account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless we determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your account or credentials, or replace it or them, as applicable, once we have resolved the reasons for suspension.
4.8.2 We may close your account at our convenience by providing you with two months’ prior notice. We may also close your account at any time without prior notice where:
• you are in breach of the terms of this Agreement and/or we are entitled to close your account by applicable laws;
• you do not access your account for three years and have no funds available on your account;
• we suspect that your account has been accessed fraudulently;
• we have reason to believe that we may incur any liability through the continuation of our relationship with you;
• should your transactions appear to be contrary to public order or morality; or
• should you fail to meet your obligation to act in good faith.
Where we decide to close your account, we will provide you with notice of account closure and where appropriate, the reasons for closing your account, together with the ability to withdraw any undisputed funds that we are holding.
4.8.3 When your account is closed:
• we may cancel any pending transactions;
• we may suspend, limit or terminate your access to or use of our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services;
• you will remain liable for all outstanding obligations under this Agreement related to your account prior to closure;
• we may keep your account information in our database for the purpose of fulfilling our legal obligations and other permitted reasons; and
• we may retain your balance of funds after closure to the extent and for the time we reasonably require to protect PA Services and/or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to withdraw any undisputed funds that we are holding.
5. Wallet (falk.app)
You may store Pocket Arena Tokens ("POC") or other cryptocurrencies in the falk.app, which is the DLT based eWallet provided as a part of Platform Services. You can send, receive and transfer Tokens in the Wallet. Falk.app is a eWallet running on Hyperledger Fabric, created and provided for the users of Pocket Arena to withdraw and deposit their Tokens with high safety measures. You are aware that falk.app is made to be integrated with various content services and dapps ( “Associated Services” ) by making partnerships. The verified users of Falk.app may be able to use its Associated Services such as Pocket Arena within the app or software by accepting the Terms for Pocket Arena.
You acknowledge and agree that your falk.app account will be integrated with Pocket Arena service so that you may be able to access and sign in Pocket Arena.
6. Risk warning
By accepting these Terms and Conditions, you also acknowledge that you have been warned of the following risks:
6.1. New Technology.
You understand that POC is a gaming utility token and cryptocurrency based on Stellar Lumens networks which is suited for micro transactions www.stellar.org. This Pocket Arena Token POC and the Wallet are new and these can be outside of your or the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the non performance by the Company under this Agreement including temporary interruption or permanent termination of your access to the PA Services.
6.2. Loss of funds.
Related to the tournaments of PA games - When participating in PA eSports or tournaments, you must pay the entry fee in tokens. By participating in the tournaments, you acknowledge and agree that you are subject to the entry fee and you may lose the entry fee if you lose the tournaments. Once you have entered and completed the tournaments, the entry fee will be consumed and no refunds will be made for the entry fee. On the contrary, you can also win the tournaments and receive the rewards in tokens less the administration fee we charge. This administration fee will be deducted from the winning rewards so that we can continue to maintain and update these Services with a high standard of quality.
Related to your Wallet - The risk of loss in your Wallet can be substantial. Therefore, you should carefully consider whether trading or holding Tokens is suitable for you in light of your financial condition. The Company is not responsible for such loss of value of Tokens and bears no responsibility for any loss incurred by you while using the Platform or in any direct or indirect connection to the Platform.
6.3. Unfavorable regulatory environment.
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the PA Platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies.
6.4. Risk of theft and hacking.
Hackers or other groups or organizations may attempt to interfere with your PA Account (or falk.app) or the Platform performance in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
6.5. Risk of security weaknesses of the Platform.
There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Tokens.
6.6. Internet transmission risks.
You acknowledge that there are risks associated with using the Platform including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, howsoever caused.
6.7 No cancellations and No refunds
You may not revoke certain transactions once they have been received and executed in the PA Services. All Platform based transactions are final and non-reversible. We do not accept any returns or provide refunds in connection with any such transactions.
7. Your warranties and representations
7.1. By entering these Terms and conditions you warrant and represent that:
a) You are have full capacity to contract under applicable law;
b) You will only be transacting on the Platform with legally-obtained funds that belong to you;
c) You will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Platform;
d) You will not use the Platform for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation or commitment of crime, for financing the terrorism and illegal trade;
e) You will not use the Platform for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company;
f) You will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, financial promotion.
8. No Warranties; Exclusion of Liability; Indemnification
8.1. The PA Platform and its components such as the Wallet, The Platform and its components are under development, the Company cannot guarantee that all program functions will be available for any period in the future or that the functionality of the Platform will not change dramatically. The Company and its affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealings, usage or trade.
8.2. The Company shall not have any liability or responsibility for any errors or omissions in performance of the Platform, for your action or inaction in connection with our Platform or for any damage to your computer or data or funds or any other damage you may incur in connection with the Platform. Your use of the Platform is at your own risk. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform, the delay or inability to use the Platform or otherwise arising in connection with our Platform whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
8.3. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Platform.
8.4. The Company makes no representation that Platform Services can be received are applicable or appropriate for use in all jurisdictions.
9. Third-Party Service
The Platform may contain links to websites owned or operated by parties other than the Company. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us.
We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Service providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Service shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, Tokens availability and/or sales. If, to the extent permitted by falk.app, you grant express permission to a third party to access or connect to your Falk.app account, either through the third party’s product or service or through falk.app, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your falk.app account.
You agree to pay Falk.app the fees described below. There is a fee schedule posted on the website (“Fee Schedule”) if there is any.
Deposits - There are no fees for deposits. Please be aware that some Tokens require us to move your funds to another address before we credit them. This means the Token’s network will charge you the normal transaction fee for this send. This is not something we can avoid.
Withdraws - In order to maintain our Services in a high standard and to keep on improving, we must charge a small amount to cover this fee. You can view the fee upon withdrawing your balance to any external wallet. Please note that the fees will apply upon withdrawal.
Other fees from Any third party service(s) or its Associated Services - You will be solely responsible for: (a) paying all fees charged by any third party services related or integrated with Falk.app. For example, when you purchase Tokens with your credit cards, we work with a 3rd party crypto provider as our Authorised 3rd party provider. You can purchase the Tokens according to the Terms and Conditions provided by the 3rd party provider and fees may apply to this purchase. You acknowledge and agree that Falk.app has no control over this purchase and is not liable at all.
Pocket Arena may charge an entry fee if you participate in a social eSport tournament and some administration fee may apply if you win the tournaments and receive winners rewards. These fees are non-refundable and non-reversible.
The Company bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.
You may not transfer or assign these Terms and Conditions or any rights or obligations you have under these Terms and Conditions without our prior written consent. The Company reserves the right to freely assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time without prior notice or consent. If you object to such transfer or assignment, you may stop using the Platform and terminate these Terms and Conditions by contacting us.
13. Jurisdiction, applicable law
12.1. The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of laws rules. The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of Switzerland.
12.2. The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions. The claiming party shall send a message with its claim to the other party. The message in question shall contain the essentials of the claim and evidence supporting such claim.
12.3. In the absence of a reply to the claim within 30 working days since the sending date, or if the Parties have failed to reach an amicable settlement, the dispute shall be brought and heard exclusively in appropriate court at the location of the Company determination.
13.1. The Parties agree to use electronic signatures while delivering all necessary documents or claims. The Parties confirm that documents and claims signed by electronic signature have the legal effect and are to be accepted and considered by the Parties. The Parties confirm that all emails sent from the authorized email addresses are deemed to be sent and signed by the Parties.
13.2. Notices sent by email in accordance with these Terms and conditions shall be deemed to be sent on the date on which the e-mail is confirmed as being sent provided that day is a working day.
13.3. Your authorized email is the email that you entered during the registration at the Platform. The authorized email of the Company is available on the Platform.
13.4. All communications and documents to be made or given pursuant to this Agreement must be in the English language.
13.5. Until one Party advises the other one of the fact of the breach of security in respect of its authorized email, all actions and documents done and sent from the authorized email of one of the Parties, even if these actions and documents have been done and sent by third parties, are considered to be done and sent by the owner of the authorized email. In that case the owner of the authorized email acquires all rights and incurs all obligations, as well as bears the liability arising out of these facts.
13.6. These terms and conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions.
13.7. If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these terms and conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.
13.8. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
If you have any questions about PA Services or about this Terms and Conditions, please contact us in writing at Emoji Games GmbH ATTN: Pocket Arena Service, Seeburgstrasse 18, 6006 Luzern, Switzerland or email to firstname.lastname@example.org
2. When we say 'we', 'us' or 'EG' it's because that's who we are and we own and run the Sites.
The type of personal information we collect
4. We collect certain personal information about visitors and users of our Sites.
5. The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments, content you direct us to make available on our Sites (such as item descriptions) and web analytics data. We will also collect personal information which is required for KYC/AML related to PA Services.
How we collect personal information
6. We collect personal information directly when you provide it to us.
7. We collect your personal information when you provide it to us when you complete membership registration of the Sites and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
Personal information we collect about you from others
8. Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
A. financial and/or transaction details from payment providers located in the US, in order to process a transaction;
B. third party service providers (like Google, Facebook) who are located in the US or UK, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service, this only occurs if you are using Branded Mini Games Studio. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider.
How we use personal information
9. We will use your personal information:
A . To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you make payments from our Sites.
B. Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include:
I• operating the Sites;
II• providing you with services described on the Sites;
III• verifying your identity when you sign in to any of our Sites;
IV• responding to support tickets, and helping facilitate the resolution of any disputes;
V• updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
VI• carrying out technical analysis to determine how to improve the Sites and services we provide;
VII• monitoring activity on the Sites, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites;
VIII• managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
IX• managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
X• training EG staff about how to best serve our user community;
XI• improving our products and services.
XII• providing general administrative and performance functions and activities; and
XIII• processing your job application to EG.
C. Where you give us consent:
D. For purposes which are required by law.
E. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
10. We will disclose personal information to the following recipients:
I• companies that are the Emoji Games affiliates which are located in Switzerland, UK, South Korea and Vietnam.
II• subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers which are located in Switzerland, UK; technical and customer support services which are located in Canada, Singapore, South Korea, Vietnam and Thailand;
III• regulators and government authorities in connection with our compliance procedures and obligations;
IV• a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
V• a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
VI• a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
VII• a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
VIII• other recipients where we are authorised or required by law to do so.
Where we transfer and/or store your personal information
11. We are based in Switzerland, UK, South Korea, Vietnam so your data will be processed in. Some of the recipients we have described in section 10 above, and to whom we disclose your personal information, are based in the places mentioned in the section 10 ii). We do this on the basis of your consent to this policy. In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
12. We store personal information on secure servers that are managed by us and our service providers. We also separated the location of EU user database in securered server from non-EU database server. We use Amazon cloud based secured server located in Ireland.
How you can access your personal information
13. You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.
Marketing Choices regarding your personal information
14. Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can 'opt-out' of such communications if you would prefer not to receive them in the future by using the "unsubscribe" facility provided in the communication itself.
15. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Information about children
16. Our Sites are not suitable for children under the age of 18 years, so if you are under 18 we ask that you do not use our Sites . If you are from 16 to 18 years, you can browse the Sites but you'll need the supervision of a parent or guardian to become a registered user. It's the responsibility of parents or guardians to monitor their children's use of our Sites.
Information you make public or give to others
How long we keep your personal information
When we need to update this policy
How you can contact us
20. If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact our privacy champion in writing at Emoji Games GmbH ATTN: Data Protection Officer, Seeburgstrasse 18, 6006 Luzern, Switzerland or email to email@example.com
If you're a user or visitor in the European Economic Area these rights also apply to you:
1. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the "GDPR"), we are a 'data controller' of your personal information.
How you can access your personal information
2. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
3. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
4. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
5. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
Emoji Games Private Policy V.1.1, effective date 22 Feb 2021