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Updated September 25, 2026 00:37

FULL COLOR® GAMES
TERMS AND CONDITIONS OF USE
END USER LICENSE AGREEMENT
GAME KIT TERMS

INTELLECTUAL PROPERTY AND RESTRICTED-USE CONDITIONS

Effective Date: September 24, 2026

FULL COLOR GAMES, INC.
END USER LICENSE AGREEMENT AND
TERMS OF USE

THIS IS A LEGALLY BINDING AGREEMENT.

These Terms and Conditions of Use, End User License Agreement, Game Kit Terms, Intellectual Property and Restricted-Use Conditions (collectively, the “Terms”) constitute a legal agreement between you and Full Color Games, Inc. (“FCGI,” “Full Color,” “we,” “us” or “our”) governing your access to and use of Full Color® Solitaire, Full Color® Cards, Full Color® Games, the Full Color® Gaming System, the Full Color Ecosystem and all related software, Games, Services, Content, Game Kits and Intellectual Property made available to you under these Terms.

THE APP, SOFTWARE, GAMES, CONTENT AND RELATED INTELLECTUAL PROPERTY ARE LICENSED, NOT SOLD.

PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE APP OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY DOWNLOADING, INSTALLING, ACCESSING, OPENING, LAUNCHING, PLAYING OR OTHERWISE USING THE APP OR SERVICES AFTER THESE TERMS HAVE BEEN MADE AVAILABLE OR CONSPICUOUSLY REFERENCED TO YOU, YOU ACKNOWLEDGE THESE TERMS AND AGREE TO BE BOUND BY THE PROVISIONS APPLICABLE TO YOUR USE.

WHERE FCGI PRESENTS AN “I ACCEPT,” “I AGREE,” CHECKBOX OR OTHER AFFIRMATIVE ACCEPTANCE CONTROL, SELECTING THAT CONTROL CONSTITUTES YOUR ELECTRONIC ACCEPTANCE OF THESE TERMS.

IF YOU DO NOT AGREE TO THE TERMS APPLICABLE TO YOUR USE, DO NOT DOWNLOAD, INSTALL, ACCESS, OPEN, LAUNCH, COPY OR USE THE AFFECTED APP, SOFTWARE OR SERVICES.

IF YOU HAVE ALREADY INSTALLED THE APP AND DO NOT AGREE TO THESE TERMS, DO NOT CONTINUE TO USE THE APP OR SERVICES.

These Terms apply to registered Users and, to the fullest extent permitted by applicable law, Users who access or use eligible portions of the App without creating or logging into an Account, including Users operating in Anonymous Mode or Ghost Mode.

These Terms contain important provisions concerning your legal rights and obligations, including provisions concerning:

LICENSED USE;
INTELLECTUAL PROPERTY OWNERSHIP AND RESTRICTIONS;
ACCOUNTS AND ACCOUNT SECURITY;
GAME KITS AND PROMO CODES;
PURCHASES AND SUBSCRIPTIONS;
USER CONTENT;
FAIR USE AND FAN CONTENT;
PROHIBITED COPYING, CLONING, REVERSE ENGINEERING AND CIRCUMVENTION;
HACKING, SECURITY AND UNAUTHORIZED ACCESS;
CHEATING AND COMPETITION INTEGRITY;
ARTIFICIAL INTELLIGENCE TRAINING AND AUTOMATED DATA EXTRACTION;
SUSPENSION AND TERMINATION;
DISCLAIMERS;
LIMITATIONS OF LIABILITY;
INDEMNIFICATION;
GOVERNING LAW;
DISPUTE RESOLUTION;
INDIVIDUAL BINDING ARBITRATION; AND
CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVERS.

CERTAIN PROVISIONS APPLY DIFFERENTLY TO CONSUMERS, SCHOOLS, INSTITUTIONS, BUSINESSES, GAME KIT LICENSEES, SPONSORS, PARTNERS, INFLUENCERS AND OTHER USERS.

YOUR USE OF A PARTICULAR GAME KIT, COMPETITION, PROMOTION, REWARD PROGRAM, COMMERCIAL PROGRAM OR OTHER SPECIALIZED SERVICE MAY ALSO BE SUBJECT TO SUPPLEMENTAL TERMS OR A SEPARATE WRITTEN AGREEMENT.

MANDATORY RIGHTS PROVIDED BY APPLICABLE LAW ARE NOT WAIVED TO THE EXTENT THEY CANNOT LAWFULLY BE WAIVED.

1. AGREEMENT TO THESE TERMS

1.1 CONTRACTING PARTY

These Terms and Conditions of Use, End User License Agreement, Game Kit Terms, Intellectual Property and Restricted-Use Conditions (collectively, the “Terms”) constitute an agreement between you and:

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, Nevada 89108
United States

(“FCGI,” “Full Color®,” “we,” “us” or “our”).

FCGI is a Nevada corporation.

The principal Full Color® Games websites include but are not limited to:

http://fullcolorgames.com
http://fullcolorsolitaire.com

Current support, privacy, Game Kit, licensing, intellectual-property and other contact information may be obtained through the applicable contact, support or Submit a Request resources made available through any Authorized Full Color® Website.

1.2 APPLICATION OF THESE TERMS

These Terms govern your access to or use of the Full Color® Ecosystem.

These Terms apply, as applicable, when you:

(a) download an App;
(b) install an App;
(c) launch or use an App;
(d) play a Game;
(e) access an Authorized Full Color® Website;
(f) create or use an Account;
(g) use the Services;
(h) access Full Color® Content;
(i) redeem or attempt to redeem a Promo Code;
(j) participate in a Game Kit;
(k) apply for a Game Kit;
(l) administer a Game Kit;
(m) participate in a Competition;
(n) use multiplayer, leaderboard, Game Center, social or related functionality;
(o) upload or submit User Content;
(p) access documentation, formulas, scoring systems, statistical systems, instructional materials, white papers, technical information or other Full Color® Content;
(q) use any feature, functionality, service or benefit made available through the Full Color® Ecosystem; or
(r) otherwise access or use any Full Color® product or service that incorporates or references these Terms.

1.3 ACCEPTANCE BY DOWNLOAD, INSTALLATION, ACCESS OR USE

To the fullest extent permitted by applicable law, by downloading, installing, accessing, opening, launching, playing or otherwise using an App or the Services after these Terms have been made available or conspicuously referenced to you, you acknowledge these Terms and agree to be bound by the provisions applicable to your use.

Your use of the App constitutes acceptance of these Terms to the fullest extent that such acceptance is recognized and enforceable under applicable law.

If applicable law requires a different or additional method of obtaining consent to a particular provision, FCGI may obtain that consent through an Account registration process, clickwrap agreement, supplemental notice, Game Kit enrollment process, transaction process, Competition registration, separate agreement or other legally sufficient method.

1.4 APP STORE NOTICE

The App may be offered through the Apple App Store.

The App Store listing may provide notice that downloading or using the App is subject to these Terms and the Privacy Policy.

Downloading the App following such notice constitutes acceptance of these Terms to the fullest extent permitted by applicable law.

Additional provisions concerning Apple and the Apple App Store appear later in these Terms.

1.5 ANONYMOUS USE

FCGI may permit a person to use certain portions of the App without creating an Account.

FCGI refers to this mode of use as “Anonymous Mode” or “Ghost Mode.”

Anonymous Mode may permit access to Games, How to Play materials, Settings and other functionality selected by FCGI.

The number, type, duration and availability of free Games or other functionality provided in Anonymous Mode may vary at any time.

FCGI does not promise any particular number of free Games.

FCGI may increase, decrease, replace, discontinue or otherwise modify free-play entitlements, subject to applicable law.

A user may remain in Anonymous Mode while purchasing eligible Apple in-app purchases where the applicable functionality permits anonymous use.

Anonymous Mode does not create an exemption from these Terms.

An Anonymous User receives only the limited rights expressly granted under these Terms.

1.6 REGISTERED ACCOUNTS

Certain functionality requires an Account.

Premium or Account-dependent functionality may include, depending upon the Services then offered:

(a) Account synchronization;
(b) Game Kit participation;
(c) Promo Code redemption;
(d) persistent History;
(e) expanded statistics or analytics;
(f) Account-based synchronization across eligible devices;
(g) competitions;
(h) social functionality;
(i) certain multiplayer functionality;
(j) educational functionality;
(k) administrative functionality;
(l) customized functionality; and
(m) other features designated by FCGI.

FCGI may require affirmative acceptance of these Terms when an Account is created, verified, materially changed or used to access functionality requiring additional consent.

1.7 APPLE GAME CENTER

Certain multiplayer, leaderboard, identity or social functionality may depend upon Apple Game Center or other Apple services.

Use of those services may require the user to sign into an Apple Account or Game Center account and remains subject to Apple's applicable terms and privacy practices.

FCGI may receive information from Apple that is reasonably necessary to connect, operate or support such functionality, as described in the Privacy Policy.

Use of Apple Game Center does not make Apple a party to these Terms.

1.8 ORGANIZATIONAL USERS

If you accept these Terms or use the Services on behalf of a company, school, institution, nonprofit organization, government entity, partnership, association or other organization, you represent that you possess the authority required by applicable law to act on behalf of that organization for the applicable activity.

You may not represent that you possess authority that you do not possess.

An organization may be required to enter into Supplemental Terms or a separate written agreement before receiving particular Game Kit, commercial, administrative, data-access, sponsorship, promotional or licensing rights.

1.9 GAME KIT ACCEPTANCE

Access to or participation in any one of our Global Game Kit programs may require additional acceptance, approval, verification or authorization.

A Game Kit applicant receives no Game Kit license merely by:

(a) applying;
(b) requesting information;
(c) creating an Account;
(d) obtaining a Promo Code from an unauthorized source;
(e) describing itself as a sponsor, partner, influencer, ambassador, school, institution or party kit (home kit) host, or
(f) using a Full Color® name or mark.

Game Kit rights arise only as expressly authorized by FCGI.

Commercial Game Kit relationships, revenue-sharing arrangements, affiliate arrangements, reward programs and other specialized programs may require Supplemental Terms or a separate written agreement.

1.10 PERSONS WHO DO NOT AGREE

If you do not agree to the Terms applicable to your use, do not download, install, access or use the affected Services.

Where mandatory law provides a user with rights that cannot lawfully be conditioned upon acceptance of a particular provision, that mandatory law controls only to the extent required by that law.

2. SCOPE OF THE FULL COLOR ECOSYSTEM

2.1 FULL COLOR® ECOSYSTEM

For purposes of these Terms, the “Full Color® Ecosystem” includes the products, services, intellectual property, systems, content and authorized distribution channels associated with Full Color® Solitaire, Full Color® Games and Full Color® Cards.

The Full Color® Ecosystem includes, as applicable:

(a) Full Color® Solitaire;
(b) Full Color® Games;
(c) Full Color® Cards;
(d) Full Color® game software;
(e) Apps;
(f) Games;
(g) Game Kits;
(h) websites;
(i) Help Centers;
(j) support systems;
(k) knowledge bases;
(l) educational systems;
(m) documentation;
(n) audiovisual materials;
(o) scoring systems;
(p) statistical systems;
(q) mathematical systems;
(r) game-play systems;
(s) game seeds;
(t) competition systems;
(u) leaderboards;
(v) analytics;
(w) promotional systems;
(x) sponsorship systems;
(y) Promo Codes;
(z) redemption systems;
(aa) Account systems;
(bb) administrative systems;
(cc) APIs and authorized integrations;
(dd) software features and functionality;
(ee) current and future authorized Full Color® products and services; and
(ff) the Intellectual Property embodied in or associated with any of the foregoing.

2.2 AUTHORIZED FULL COLOR® WEBSITES

“Authorized Full Color® Website” means fullcolorsolitaire.com and any other website, domain, subdomain, Help Center, support site, portal, localized website, regional website, promotional website, educational website, Game Kit website, landing page or other digital property that FCGI owns, operates, controls or expressly authorizes to provide Full Color® products, Services or Content.

An Authorized Full Color® Website may operate in any country or language.

An Authorized Full Color® Website may be hosted through infrastructure supplied by a third party.

The use of a third-party hosting, support, cloud, content-delivery, translation, payment, communications or technology provider does not transfer ownership of Full Color® Content to that provider.

These Terms apply to Full Color® Content made available through an Authorized Full Color® Website regardless of the underlying hosting provider.

2.3 WORLDWIDE AND LOCALIZED SERVICES

FCGI may publish, translate, localize, license, distribute or operate the Full Color® Ecosystem in multiple countries, territories and languages.

The availability of a product, Game, Game Kit, Promo Code, feature, purchase, Competition, reward or Service in one jurisdiction does not mean that the same product or functionality is available or lawful in another jurisdiction.

FCGI may modify Services by jurisdiction to address applicable legal, regulatory, commercial, technical or operational requirements.

2.4 THIRD-PARTY DISTRIBUTION

The Full Color® Ecosystem may be accessed through third-party platforms or services.

Third-party distribution does not grant the distributor ownership of Full Color® Intellectual Property.

A user may also be subject to the lawful terms of the applicable third-party platform.

Where these Terms govern FCGI's relationship with the user, the presence of a third-party distributor does not eliminate the user's obligations to FCGI.

3. DEFINITIONS AND INTERPRETATION

3.1 ACCOUNT

“Account” means a registered Full Color® user account created through a method authorized by FCGI.

3.2 ANONYMOUS MODE OR GHOST MODE

“Anonymous Mode” or “Ghost Mode” means use of eligible portions of the App without creation of or login to an FCGI Account.

3.3 ANONYMOUS USER

“Anonymous User” means a user accessing eligible portions of the App through Anonymous Mode.

3.4 APP

“App” means an authorized Full Color® Solitaire or other Full Color® software application distributed by or on behalf of FCGI.

3.5 COMPETITION

“Competition” means an authorized activity in which players participate in one or more Games and results may be compared, ranked, scored, displayed or used to determine performance, achievement or eligibility for an authorized benefit.

A Competition is not, merely by being defined in these Terms, a sweepstakes, lottery, wager or gambling activity.

No provision of these Terms authorizes real-money wagering or gambling.

3.6 CONFIDENTIAL INFORMATION

“Confidential Information” means nonpublic information disclosed or made available through an authorized relationship with FCGI where the information is confidential by its nature, designation, circumstances of disclosure or applicable agreement.

Confidential Information may include nonpublic technical, financial, operational, security, commercial, business, developmental, licensing, Game Kit, sponsorship, marketing, software, administrative or strategic information.

Confidential Information does not become publicly available merely because an unauthorized person obtains, publishes or distributes it.

3.7 CONTENT

“Content” means text, data, information, software, code, graphics, artwork, cards, designs, interfaces, photographs, images, audio, video, animation, documentation, formulas, statistics, scores, rankings, charts, reports, educational materials, promotional materials and other material made available through or associated with the Full Color® Ecosystem.

3.8 DEVICE

“Device” means an eligible computer, mobile device, tablet or other hardware through which an App or Service is accessed.

3.9 FCGI

“FCGI,” “Full Color®,” “we,” “us” and “our” mean Full Color Games, Inc. when referring to the contracting party under these Terms.

References to FCGI do not alter ownership of any Intellectual Property owned by another applicable rights holder.

3.10 FCG-IP

“FCG-IP” means Intellectual Property associated with Full Color® Games, Full Color® Cards, the Full Color® Gaming System, Full Color® Solitaire and related products, systems, methods, technology and Content to the extent protected or protectable under applicable law.

FCG-IP may include rights arising under copyright, trademark, trade dress, patent, trade-secret, contract, license, unfair-competition and other applicable laws.

FCG-IP may include, to the extent protected or protectable under applicable law:

(a) works of authorship;
(b) copyrights;
(c) derivative works;
(d) compilations;
(e) trademarks;
(f) service marks;
(g) trade names;
(h) trade dress;
(i) associated goodwill;
(j) software;
(k) source code;
(l) object code;
(m) proprietary data;
(n) confidential information;
(o) trade secrets;
(p) inventions;
(q) designs;
(r) algorithms;
(s) formulas;
(t) methodologies;
(u) systems;
(v) processes;
(w) know-how;
(x) show-how;
(y) technical implementations;
(z) game software;
(aa) artwork;
(bb) audiovisual works;
(cc) documentation;
(dd) promotional materials;
(ee) improvements;
(ff) modifications;
(gg) adaptations; and
(hh) other intellectual and industrial property rights recognized by applicable law.

No public description of FCG-IP is intended to constitute a complete inventory of the intellectual property owned, licensed, controlled or used by FCGI or any applicable rights holder.

3.11 FULL COLOR® CARDS

“Full Color® Cards” means the proprietary Full Color® card products, card artwork, card configurations and associated protected intellectual property used in connection with Full Color® Games.

Nothing in these Terms grants a user any right to manufacture, reproduce, distribute, publish, sell or commercially exploit Full Color® Cards except as expressly authorized by FCGI or another applicable rights holder.

3.12 FULL COLOR® GAMES

“Full Color® Games” or ("FCG") means authorized games incorporating or using Full Color® Cards, FCG-IP or other authorized Full Color® game systems or Content.

Full Color® Games include all brands, now known or unknown that include but are not limited to:

Full Color® Solitaire
21 or Nothing®
Full Color® Baccarat
Full Color® Bingo
Full Color® Slots
Full Color® Poker
Full Color® Video Poker
Full Color® Keno
Full Color® Lotto
Full Color® Roulette
Full Color® Craps
Full Color® Sic Bo
Full Color® Pai Gow
Full Color® FreeCell
Full Color® Golf
Full Color® Klondike 1
Full Color® Klondike 3
Full Color® Pyramid
Full Color® Spider 1 Suit
Full Color® Spider 2 Suit
Full Color® Spider 4 Suit
Full Color® Icicles

This includes all of our side bets, session bets, jackpot bets, micro-bets, mini-bets, major bets and all of the trademarks that go with all of our game assets, game designs, game rules, game math, game features, game functions, game jackpots, game play and or game results, without any limitation.

3.13 FULL COLOR® GAMING SYSTEM

“Full Color® Gaming System” means the Full Color® game-related systems, methods, products, technology, Content and associated Intellectual Property to the extent protected or protectable under applicable law.

3.14 GAME

“Game” means an authorized game made available through the Full Color® Ecosystem.

3.15 GAME KIT

“Game Kit” means a license to use an approved Full Color® Game Kit program, including a School Kit, Institution Kit, Sponsor Kit, Partner Kit, Ambassador Kit, Influencer Kit, Marketing Kit, Promotional Kit or Party Kit, subject to these Terms, the applicable terms in effect when the Game Kit is accepted, subsequent changes applicable in accordance with these Terms and any Supplemental Terms or separate written agreement governing the particular Game Kit.

3.16 GAME KIT ADMINISTRATOR

“Game Kit Administrator” means a person authorized by FCGI or an approved Game Kit licensee to administer designated Game Kit functionality.

A Game Kit Administrator receives only the permissions expressly assigned to that person.

3.17 PARTY KIT

“Party Kit” also known as a "home kit", means an approved Game Kit configuration intended to permit an eligible individual to organize noncommercial and not-for-profit private Full Color® game activities, Game Days, Game Nights or Game Events subject to these Terms.

A Party Kit is not a commercial license.

3.18 INSTITUTION KIT

“Institution Kit” means an approved Game Kit configuration intended for eligible institutions or organizations, which may include universities, libraries, hospitals, senior communities, government organizations, military organizations, corporations, nonprofit organizations, clubs, rehabilitation facilities, community organizations and other institutions approved by FCGI.

3.19 INTELLECTUAL PROPERTY

“Intellectual Property” or "IP" means intellectual, proprietary and industrial property rights of every kind recognized under applicable law, whether arising through statute, common law, registration, application, contract, license or otherwise.

The term includes, as applicable, copyrights, trademarks, service marks, trade dress, trade names, patents, patent applications, designs, software, proprietary data, trade secrets, know-how, inventions, algorithms, formulas, methodologies, systems, improvements and associated rights.

3.20 LICENSE

“License” means an express authorization granting specified rights subject to stated limitations.

Except where applicable law provides otherwise, no License is created by implication merely because Content can be viewed, downloaded, studied, described, accessed or technically copied.

3.21 PROMO CODE

“Promo Code” means a code, credential, link, token or other redemption mechanism authorized by FCGI that may provide designated access, Games, functionality or other benefits subject to the conditions applicable to that Promo Code.

Possession of a Promo Code does not establish ownership of the Promo Code or any associated Intellectual Property.

3.22 RESTRICTED-USE INFORMATION

“Restricted-Use Information” means information or Content that FCGI makes available for a particular authorized purpose while expressly reserving rights against other uses.

Restricted-Use Information may be publicly viewable.

Public visibility alone does not convert protected Restricted-Use Information into public-domain material or create a commercial license.

3.23 SCHOOL KIT

“School Kit” means an approved Game Kit configuration intended for educational use by eligible schools, universities, homeschool organizations, teachers, tutors, libraries, nonprofit educational organizations or other educational users approved by FCGI.

School Kit does not constitute accreditation of FCGI, the Games or any educational program.

3.24 SERVICES

“Services” means the functionality, products, Games, Apps, Game Kits, websites, systems, support resources and related services that FCGI makes available through the Full Color® Ecosystem.

3.25 SPONSOR KIT

“Sponsor Kit” means an approved Game Kit configuration through which an authorized sponsor may conduct an approved Full Color® promotional, engagement, branding or related campaign under the rights and restrictions established by FCGI.

A Sponsor Kit does not authorize any reward program, Competition, promotion, commercial exploitation or other activity requiring separate approval unless FCGI has expressly authorized that activity.

3.26 PARTNER KIT

“Partner Kit” means an approved Game Kit configuration through which an authorized business, organization, media organization, technology provider, distribution partner or other approved party may participate in an authorized relationship with FCGI.

The rights granted through a Partner Kit are limited to those expressly authorized by FCGI.

A Partner Kit does not create a partnership, joint venture, fiduciary relationship, agency relationship or authority to bind FCGI unless a separate written agreement expressly provides otherwise.

3.27 AMBASSADOR KIT

“Ambassador Kit” means an approved Game Kit configuration through which an authorized person or organization may promote, introduce, demonstrate or support Full Color® Solitaire or other authorized Full Color® products subject to these Terms and any applicable Supplemental Terms.

An Ambassador Kit does not create any right to compensation, commission, revenue sharing or other payment unless FCGI expressly agrees to such compensation in a separate written agreement.

3.28 INFLUENCER KIT

“Influencer Kit” means an approved Game Kit configuration through which an authorized influencer, content creator, personality, publisher or other approved promoter may promote Full Color® products or distribute authorized Promo Codes.

Approval for an Influencer Kit does not create any right to compensation.

Any affiliate compensation, commission, recurring revenue share, referral payment or other compensation requires a separate written Affiliate, Licensing, Compensation or similar agreement expressly authorized by FCGI.

FCGI has no obligation to compensate any person merely because that person promotes, discusses, reviews, recommends, demonstrates, links to or generates downloads or purchases for Full Color® products.

3.29 Marketing Kit

“Marketing Kit” means an approved Game Kit configuration through which an authorized party may conduct approved marketing activities involving the Full Color® Ecosystem.

The scope, duration, distribution rights, branding rights, Promo Code rights and other permissions associated with a Marketing Kit are determined by FCGI.

3.30 Promotional Kit

“Promotional Kit” means an approved Game Kit configuration through which an authorized party may conduct an approved promotional campaign involving the Full Color® Ecosystem.

Promotional Kit approval does not itself authorize a sweepstakes, lottery, gambling activity, real-money wagering activity or other regulated promotion requiring separate authorization.

3.31 GAME KIT MODULES

A Game Kit may contain or provide access to one or more modules, features or administrative systems.

Such functionality may include:

(a) Play Kit;
(b) Competition Kit;
(c) Live Kit;
(d) History Kit;
(e) Favorites Kit;
(f) Global Games Kit;
(g) reporting tools;
(h) analytics tools;
(i) communication tools;
(j) administrative tools;
(k) educational tools;
(l) customization tools; and
(m) other functionality made available by FCGI.

A module contained within a Game Kit is not necessarily a separate license.

FCGI may add, remove, modify, rename, combine or replace Game Kit modules or functionality.

3.32 Play Kit

“Play Kit” means Game Kit functionality that may permit an authorized administrator to configure designated gameplay activities, assignments, practice periods, lessons, events, game selections or related parameters.

3.33 Competition Kit

“Competition Kit” means Game Kit functionality that may permit an authorized administrator to configure or administer approved skill-based Competitions, tests, challenges or comparative gameplay activities.

Competition Kit does not authorize gambling, wagering, lotteries or sweepstakes.

3.34 Live Kit

“Live Kit” means Game Kit functionality that may permit authorized monitoring, display or review of designated gameplay, Game Kit activity, Competition activity or related information.

3.35 History Kit

“History Kit” means Game Kit functionality that may permit authorized review of historical gameplay information, progress, statistics, analytics, reports, achievements or other authorized records.

3.36 Favorites Kit

“Favorites Kit” means Game Kit functionality that may permit an authorized user or administrator to save, organize or reuse designated Game Kit settings, activities, reports, assignments, tests, educational tools or other authorized configurations.

3.37 GLOBAL GAMES KIT

“Global Games Kit” means Game Kit functionality that may permit authorized comparison, display or analysis of gameplay information, rankings, statistics, performance or other authorized information involving players, groups, classes, schools, institutions or other participants.

Any information made available through Global Games Kit remains subject to the Privacy Policy, applicable permissions and applicable law.

3.38 SUPPLEMENTAL TERMS

“Supplemental Terms” means additional terms, rules, disclosures, licenses, policies or conditions applicable to a particular product, Game Kit, Competition, promotion, transaction, campaign, feature, jurisdiction or Service.

Supplemental Terms form part of the applicable agreement when accepted or otherwise made binding in accordance with applicable law.

3.39 USER

“User,” “you” or “your” means the natural person accessing or using the applicable Full Color® Ecosystem service.

Where a person is validly acting on behalf of an organization, the applicable provisions may also bind that organization to the extent permitted by law and the person's actual authority.

3.40 USER CONTENT

“User Content” means Content submitted, uploaded, transmitted, selected, provided or otherwise made available by a User through functionality that permits user-provided material.

User Content may include, where supported:

(a) custom backgrounds;
(b) profile images;
(c) screen names;
(d) photographs;
(e) videos;
(f) logos;
(g) graphics;
(h) text;
(i) comments;
(j) communications; and
(k) other material submitted through the Services.

3.41 SPONSOR CONTENT

“Sponsor Content” means any logo, trademark, trade name, image, photograph, video, advertisement, background, promotional material, message, offer, link, creative asset or other Content supplied or authorized by a Sponsor or other Game Kit licensee for use in connection with an approved Game Kit.

3.42 PUBLICLY DISCLOSED PROPRIETARY INFORMATION

“Publicly Disclosed Proprietary Information” means proprietary Content or information intentionally made publicly viewable by or with authorization from FCGI or an applicable rights holder without thereby granting ownership of or unrestricted rights in that Content.

Publicly Disclosed Proprietary Information may include:

(a) white papers;
(b) formulas;
(c) mathematical explanations;
(d) scoring methodologies;
(e) statistical methodologies;
(f) algorithms to the extent disclosed;
(g) game rules;
(h) instructional information;
(i) How to Play materials;
(j) educational materials;
(k) technical explanations;
(l) demonstrations;
(m) research;
(n) diagrams;
(o) specifications;
(p) documentation; and
(q) other published proprietary materials.

Public accessibility does not, by itself, constitute abandonment of Intellectual Property, dedication to the public domain or authorization for uses otherwise restricted by applicable law or these Terms.

3.43 COMMERCIAL USE

“Commercial Use” means use undertaken primarily for commercial advantage, compensation, revenue generation, business promotion, advertising, sponsorship, resale, licensing, sublicensing or other commercial exploitation.

Commercial Use does not automatically include every activity occurring on a third-party social-media platform merely because that platform itself operates commercially.

Whether a particular use requires a license depends upon the nature of the use, the rights exercised and applicable law.

3.44 SPONSOR

“Sponsor” means a person or organization approved by FCGI to participate in an authorized Sponsor Kit, Partner Kit, Marketing Kit, Promotional Kit or other sponsorship or promotional relationship.

3.45 REWARD

“Reward” means an authorized benefit, prize, discount, merchandise item, ticket, travel benefit, gift card, scholarship, product, service or other item of value offered in connection with an approved program.

A Reward does not include any benefit prohibited by applicable law or these Terms.

3.46 WRITING AND WRITTEN

“Writing” and “written” include electronic communications, electronic agreements and other communications capable of being retained and reproduced, except where applicable law or these Terms expressly require another form.

3.47 INCLUDING

“Including,” “includes,” “include” and similar terms mean “including without limitation” unless the context expressly requires otherwise.

3.48 SINGULAR AND PLURAL

Words expressed in the singular include the plural where appropriate.

Words expressed in the plural include the singular where appropriate.

3.49 REFERENCES TO PERSONS

A reference to a “person” may include a natural person or legally recognized organization where the context permits.

3.50 REFERENCES TO LAW

A reference to applicable law includes applicable statutes, regulations, rules, ordinances, binding governmental requirements and legally enforceable orders as amended or replaced from time to time.

3.51 HEADINGS

Headings are provided for organization and convenience.

They do not independently limit the substantive meaning of these Terms.

3.52 CONFLICT BETWEEN TERMS

If Supplemental Terms expressly conflict with these Terms concerning the particular product, program, transaction, Game Kit, Competition or activity governed by those Supplemental Terms, the Supplemental Terms control solely with respect to that conflict.

A separately executed written commercial agreement controls over these Terms to the extent that the separate agreement expressly governs the same subject matter and cannot reasonably be harmonized with these Terms.

The Privacy Policy governs FCGI's description of its applicable data practices.

Nothing in the Privacy Policy independently expands a substantive contractual right beyond what applicable law and the applicable agreement otherwise permit.

3.53 NO IMPLIED WAIVER OF MANDATORY RIGHTS

Nothing in these Terms excludes, restricts or waives a right that applicable law prohibits the parties from excluding, restricting or waiving.

Where a provision is enforceable only to a lesser extent in a particular jurisdiction, it shall apply to the maximum extent permitted by applicable law, subject to the severability provisions of these Terms.

4. ELIGIBILITY, AGE AND AUTHORITY

4.1 LEGAL CAPACITY

You may create an Account, enter into a Game Kit license or undertake another activity requiring contractual capacity only if you possess the legal capacity required under the laws applicable to you.

FCGI does not establish a single worldwide age of contractual capacity through these Terms.

Users are responsible for complying with applicable age, consent and capacity requirements in their jurisdiction.

4.2 MINORS

A minor may use the Services only to the extent permitted by applicable law and subject to any legally required consent, authorization or supervision.

Where parental, guardian, school or institutional authorization is required, the applicable authorization must be obtained before the minor participates in the affected activity.

4.3 SCHOOL KIT USE BY MINORS

School Kit may be used with students, including minors, where such use is lawful and properly authorized.

Each party remains responsible for the legal obligations applicable to that party.

Schools, educational institutions, parents, guardians and other responsible parties remain responsible for obtaining authorizations or consents that applicable law independently requires them to obtain.

FCGI remains responsible for obligations that COPPA, FERPA or other applicable law independently imposes upon FCGI and does not transfer those obligations to a school merely through these Terms.

Where applicable law permits a school or educational institution to provide authorization or consent on behalf of a parent for an authorized educational use, FCGI may rely upon that authorization only to the extent permitted by applicable law.

4.4 SCHOOL KIT COMMERCIAL ADVERTISING

School Kit is not intended as a vehicle for delivering commercial Sponsor advertising to children.

Commercial Sponsor branding shall not be introduced into School Kit merely because Sponsor Kit functionality exists elsewhere in the Full Color® Ecosystem.

A School Kit may not be converted into a Sponsor Kit or commercial advertising channel without express authorization from FCGI and any additional legal framework FCGI determines is required.

4.5 MINORS AND SPONSOR PROGRAMS

A minor may participate in an eligible Sponsor Kit, Competition, Reward program or promotional activity only where participation is permitted by applicable law and the applicable program rules.

Any legally required parental, guardian, school or other consent must be obtained.

FCGI may impose additional age restrictions for a particular campaign, Reward, Competition or Game Kit.

4.6 AUTHORITY TO ACT FOR AN ORGANIZATION

A person who applies for, administers or accepts a Game Kit on behalf of an organization represents that the person possesses the authority necessary for the actions that person undertakes.

FCGI may request reasonable verification of authority.

FCGI may suspend administrative access where authority is disputed or cannot reasonably be verified.

4.7 FALSE REPRESENTATIONS OF AUTHORITY

You may not falsely represent that you:

(a) represent FCGI;
(b) represent David W. Mahon;
(c) represent a Full Color® rights holder;
(d) represent a Sponsor;
(e) represent a school or institution;
(f) possess a Game Kit license;
(g) possess authority to administer a Game Kit;
(h) possess authority to sublicense FCG-IP; or
(i) possess any other authority that has not actually been granted.

4.8 COMPLIANCE WITH LOCAL LAW

Users, Game Kit applicants and Game Kit licensees are responsible for ensuring that their own activities comply with applicable law.

Availability of functionality through software does not constitute a representation that every possible use of that functionality is lawful in every jurisdiction.

5. END USER LICENSE TO THE APP

5.1 LICENSED, NOT SOLD

The App and associated Full Color® Content are licensed, not sold.

Downloading, purchasing, installing or using the App does not transfer ownership of the App, FCG-IP or any other Full Color® Intellectual Property to you.

5.2 LIMITED END USER LICENSE

Subject to these Terms, FCGI grants you a limited, personal, revocable, nonexclusive, nontransferable and nonsublicensable license to install and use an authorized copy of the App on eligible devices that you own or control, subject to applicable Apple usage rules and these Terms.

This license is solely for authorized use of the App and Services.

5.3 RIGHTS EXPRESSLY RESERVED

All rights not expressly granted are reserved.

No ownership right, title or interest in FCG-IP is transferred to a User expressly, by implication, by estoppel or merely through access, use, payment, purchase, registration, participation, publication or disclosure.

5.4 ANONYMOUS USER LICENSE

An Anonymous User receives the same fundamental limited end-user license to use the eligible App functionality made available in Anonymous Mode.

Anonymous status does not enlarge the license.

Anonymous status does not create any right to extract, copy, reverse engineer, redistribute or commercially exploit the App or FCG-IP.

5.5 REGISTERED USER LICENSE

A registered User may receive additional functionality associated with the Account.

Account functionality constitutes an additional permission to use designated Services.

It does not transfer ownership of the Services or FCG-IP.

5.6 PURCHASES DO NOT TRANSFER INTELLECTUAL PROPERTY

A subscription, one-time purchase, consumable purchase, custom-background purchase or other in-app purchase grants only the digital entitlement expressly associated with that transaction.

Payment does not purchase ownership of:

(a) the App;
(b) a Game;
(c) Full Color® Cards;
(d) source code;
(e) artwork;
(f) formulas;
(g) algorithms;
(h) trademarks;
(i) copyrights;
(j) game seeds;
(k) documentation;
(l) Game Kit technology; or
(m) other FCG-IP.

5.7 NO RIGHT TO SOURCE CODE

No User receives any right to obtain source code except where a right to obtain or modify particular code is expressly provided by mandatory applicable law or a separately applicable open-source license.

Nothing in these Terms constitutes delivery or licensing of proprietary source code.

5.8 NO TRANSFER OR SUBLICENSE

Except where expressly authorized by these Terms or applicable law, a User may not:

(a) sell the App;
(b) sublicense the App;
(c) rent the App;
(d) lease the App;
(e) commercially distribute the App;
(f) transfer a license to another person;
(g) commercially host the App for unauthorized third-party use; or
(h) represent that the User possesses redistribution or sublicensing rights.

5.9 NO WHITE LABEL RIGHTS

No ordinary end-user license or Game Kit license grants any right to white label, rebrand, relabel or represent an App or Game as the User's own product.

White-label or similar commercial rights require an express separate written license from FCGI or the applicable rights holder.

5.10 NO CREATION OF COMPETING PRODUCT FROM LICENSED ACCESS

The end-user license is granted for authorized use of the App.

It is not granted for the purpose of obtaining access to protected Full Color® Content, software, proprietary systems or Restricted-Use Information for unauthorized reproduction or development of a competing or substitutive product.

Nothing in this Section restricts independent conduct that applicable law expressly protects and does not permit FCGI to prohibit by contract.

5.11 UPDATES

FCGI may issue updates, patches, fixes, modifications, enhancements or new versions of the App.

An update may add, modify or remove functionality.

Continued use of an updated App remains subject to the Terms applicable to that use.

5.12 TECHNICAL REQUIREMENTS

The App may require compatible hardware, operating systems, network access, Apple services or other technical resources.

FCGI does not guarantee perpetual compatibility with every historical device, operating-system version or third-party service.

5.13 TERMINATION OF END USER LICENSE

The limited license granted under this Section terminates when these Terms are validly terminated with respect to the User or when FCGI validly terminates the applicable license pursuant to these Terms and applicable law.

Termination of a license does not transfer any Intellectual Property rights to the User.

Provisions that by their nature are intended to survive termination remain effective as provided later in these Terms.

6. ACCOUNTS, ACCOUNT SECURITY AND DEVICE ACCESS

6.1 ACCOUNT REGISTRATION

FCGI may require registration of an Account to access designated features of the Services.

Registration requirements may vary by jurisdiction, product, Game Kit, feature or program.

You must provide information reasonably required for the Account functionality you elect to use.

Information provided in connection with an Account is handled as described in the Privacy Policy.

6.2 ACCOUNT VERIFICATION

FCGI may require verification of an email address, telephone number, Device, Account credential or other information before activating or continuing designated Account functionality.

Verification requirements may be used to:

(a) protect Account security;
(b) prevent fraud;
(c) prevent abuse;
(d) protect Game Kit integrity;
(e) protect Competition integrity;
(f) administer Promo Codes;
(g) prevent unauthorized duplicate Accounts;
(h) maintain synchronization;
(i) protect Intellectual Property; or
(j) comply with applicable law.

CONTACTS-BASED VERIFICATION

Where a User affirmatively grants the App permission to access Contacts through the User's Device or operating-system permission controls, FCGI may access and use contact information made available through that permission solely for authorized purposes reasonably related to verification, authentication, eligibility, fraud prevention, security, program integrity or administration of an Account, Game Kit application, Game Kit relationship or other FCS Service.

Depending upon the applicable verification purpose and the permission granted by the User, contact information used for verification may include information made available through the applicable Contacts functionality, such as names, telephone numbers, email addresses and other contact information reasonably necessary for the applicable verification purpose.

FCGI may use permitted contact information to verify or evaluate information provided by the User concerning matters including:

(a) the User's identity;
(b) Account information;
(c) a Game Kit application;
(d) eligibility for a Game Kit or other FCS Service;
(e) an asserted personal, professional, educational, organizational or other relationship relevant to the application or Service;
(f) authority to act for a school, institution, business, organization or other person;
(g) the authenticity or integrity of an application, Account or request;
(h) suspected fraud, impersonation, abuse or circumvention;
(i) duplicate, fraudulent or unauthorized applications or Accounts; or
(j) another verification purpose reasonably necessary to provide, protect or administer the applicable FCS Service.

Access to Contacts is subject to the User's affirmative permission through the applicable Device or operating-system controls.

A User may deny Contacts access or, where supported by the applicable operating system, limit the contacts made available to the App.

Contacts access does not grant FCGI an unrestricted right to copy, retain, compile or use the User's Contacts for purposes unrelated to the authorized purpose for which access was granted.

FCGI will not use Contacts information obtained through Apple's Contacts functionality to create an independent contact database for advertising, marketing, sale or distribution to third parties.

Contacts information obtained for verification, authentication, eligibility, fraud prevention, security, program integrity or administration will not be repurposed for an unrelated purpose except with any additional consent required by applicable platform requirements or applicable law.

Where FCGI provides functionality allowing a User to initiate a communication to another person using Contacts information, FCGI will not initiate that communication except at the explicit initiative of the User on an individualized basis and in accordance with applicable platform requirements and applicable law.

FCGI will not use Contacts information to contact persons identified through the User's Contacts independently of the User's explicit individualized initiation of the applicable communication.

Where required by applicable platform requirements, the User will be provided with a clear description of the communication, including the substance of the message and the identity of the apparent sender, before the communication is sent.

FCGI will not use Contacts functionality to automatically select all Contacts or otherwise default to selection of all Contacts for communications.

FCGI will collect, access, use, retain and disclose Contacts information only as described in the Privacy Policy, consistent with the permission granted by the User, applicable platform requirements and applicable law.

Contacts access does not guarantee approval of any Account, Game Kit application or other request.

FCGI may use another verification method where FCGI determines that another method is appropriate or where Contacts access is unavailable, denied, restricted or insufficient for the applicable verification purpose.

6.3 TELEPHONE NUMBER AND SMS VERIFICATION

Where a User voluntarily provides a telephone number to FCGI in connection with Account creation, Account verification, Account security, a Game Kit application, Game Kit verification or another FCS Service requiring telephone-number verification, FCGI may use that telephone number to provide the verification, authentication, security or transactional communications disclosed to the User when the telephone number is provided.

Such communications may include:

(a) one-time passwords or verification codes;
(b) Account authentication messages;
(c) telephone-number verification messages;
(d) Account security alerts;
(e) fraud-prevention or suspicious-activity verification;
(f) Game Kit application or eligibility verification;
(g) identity, affiliation or authority verification; and
(h) other transactional or security communications reasonably necessary to authenticate, verify, protect or administer the applicable Account, application or FCS Service.

Where disclosed at the point the telephone number is provided, submission of the telephone number constitutes the User's request and consent to receive the disclosed transactional or verification text messages at that telephone number to the extent permitted by applicable law.

Message and data rates may apply.

FCGI may use third-party communications and messaging Service Providers, including OneSignal or other authorized providers, to transmit SMS, MMS, verification codes, security communications and other authorized communications on FCGI's behalf.

Providing a telephone number for verification does not, by itself, constitute consent to receive unrelated promotional or marketing SMS communications.

Consent to promotional or marketing SMS communications will be obtained separately where required by applicable law, applicable carrier requirements or applicable messaging-provider requirements.

Users may reply STOP to applicable SMS communications where the applicable messaging program supports or requires that functionality.

Withdrawal from promotional or marketing SMS communications does not prevent FCGI from using another legally permissible communication method for essential Account, security, verification, transactional or Service communications.

6.4 ACCURATE INFORMATION

Where FCGI requires information from a User, the User may not knowingly provide materially false, fraudulent, misleading or impersonated information.

A User may not create or operate an Account using another person's identity without lawful authorization.

6.5 SCREEN NAMES

FCGI may permit Users to select a screen name, display name or other public identifier.

A screen name may not:

(a) impersonate another person or organization;
(b) falsely imply affiliation with FCGI;
(c) falsely imply affiliation with David W. Mahon;
(d) falsely imply affiliation with a Sponsor, school, institution or Game Kit;
(e) infringe another person's Intellectual Property rights;
(f) contain unlawful content;
(g) be used to commit fraud;
(h) be used to harass another person;
(i) contain malicious links or code; or
(j) otherwise materially violate these Terms.

FCGI may require modification or removal of a screen name that violates these Terms.

6.6 ACCOUNT CREDENTIALS

You are responsible for maintaining the confidentiality and security of your Account credentials.

You may not knowingly provide Account credentials to another person for the purpose of circumventing:

(a) purchase requirements;
(b) Game limitations;
(c) Game Kit restrictions;
(d) Competition rules;
(e) Promo Code restrictions;
(f) Device limitations;
(g) suspensions;
(h) bans; or
(i) other restrictions imposed under these Terms.

6.7 ACCOUNT SHARING

Unless expressly permitted for a particular feature, an Account is intended for the registered User.

Account sharing may be restricted or prohibited where sharing would interfere with:

(a) player identity;
(b) Game history;
(c) scoring;
(d) statistics;
(e) rankings;
(f) leaderboards;
(g) Competitions;
(h) Game Kit administration;
(i) educational reporting;
(j) Promo Code administration;
(k) purchases; or
(l) security.

6.8 ORGANIZATIONAL ADMINISTRATOR ACCOUNTS

Game Kit Administrators and other organizational administrators may receive elevated permissions.

Elevated permissions are granted solely for authorized administration.

An administrator may not use those permissions to:

(a) access information outside the administrator's authorized scope;
(b) impersonate another User;
(c) manipulate Game results;
(d) alter records for an improper purpose;
(e) obtain information for an unauthorized commercial purpose;
(f) circumvent privacy controls;
(g) circumvent permission controls; or
(h) access systems or information beyond the permissions provided by FCGI.

6.9 SCHOOL KIT ADMINISTRATOR ACCESS

Authorized School Kit administrators may receive access to information reasonably necessary to administer the educational functionality provided through School Kit.

Depending upon the functionality made available, this may include:

(a) student scores;
(b) Game history;
(c) play time;
(d) gameplay analytics;
(e) rankings;
(f) assignments;
(g) practice activity;
(h) testing activity;
(i) progress information;
(j) reports; and
(k) other educationally relevant Game information.

Access to such information is provided for authorized educational and administrative purposes.

School Kit administrators must use such information consistently with applicable law, applicable school policies, required permissions and the Privacy Policy.

6.10 SCHOOL KIT DATA SHARING

A school or authorized educational administrator may export information where FCGI provides export functionality.

School Kit information concerning identifiable students may be used or disclosed only as permitted by applicable law, applicable authorization, school policy and the Privacy Policy.

Schools may use appropriately aggregated or otherwise lawfully shareable information to compare educational methods, curricula, class performance or similarly situated educational programs where such sharing does not improperly disclose protected student information.

Nothing in these Terms independently authorizes disclosure of information prohibited from disclosure by applicable law.

6.11 ACCOUNT SECURITY

You must use reasonable measures to protect your Account from unauthorized access.

If you reasonably believe your Account has been compromised, you should promptly use the support resources available through an Authorized Full Color® Website.

6.12 UNAUTHORIZED ACCOUNT ACCESS

You may not:

(a) access another User's Account without authorization;
(b) obtain another User's credentials through deception;
(c) intercept another User's credentials;
(d) bypass authentication controls;
(e) defeat Account verification;
(f) exploit password-reset functionality;
(g) hijack a session;
(h) steal authentication tokens; or
(i) otherwise obtain unauthorized access to an Account.

6.13 DEVICE ASSOCIATION

FCGI may associate Accounts, purchases, Promo Codes, Game Kit entitlements or other functionality with eligible Devices or other identifiers used to administer the Services.

The applicable association may depend upon the type of entitlement.

6.14 DEVICE LIMITS

FCGI may establish reasonable Device limits for Accounts, purchases, subscriptions, Promo Codes, Game Kits or other entitlements.

Unless FCGI specifies otherwise for a particular entitlement, current functionality may permit synchronization of eligible Account-based purchases or Promo Code entitlements across a limited number of eligible Devices.

FCGI may modify Device limits prospectively to address fraud, abuse, technical requirements, product changes or other legitimate operational requirements, subject to applicable law and any rights already acquired through a completed transaction.

6.15 CURRENT THREE-DEVICE CONFIGURATION

Certain eligible purchases or Promo Code entitlements may currently be made available across up to three eligible Devices associated with the applicable User or Account.

This provision describes a current configuration.

It does not guarantee that every product, Promo Code, Game Kit or future entitlement will use the same Device limit.

The terms displayed for a particular transaction, Promo Code or program may establish a different lawful limit.

6.16 SYNCHRONIZATION

Where FCGI provides Account synchronization, eligible entitlements may synchronize across supported Devices logged into the same Account.

Synchronization depends upon technical compatibility, Account status, network availability and the rules applicable to the particular entitlement.

6.17 MANUAL CORRECTIONS

FCGI may correct, restore, reset or modify Device associations, Account associations or entitlement records where reasonably necessary to:

(a) correct an error;
(b) restore a valid purchase;
(c) respond to Device replacement;
(d) address technical failure;
(e) correct fraudulent activity;
(f) administer a Game Kit;
(g) enforce Promo Code restrictions; or
(h) protect the integrity of the Services.

6.18 NO RIGHT TO MANIPULATE DEVICE IDENTITY

A User may not manipulate, falsify, rotate, spoof, obscure or otherwise alter Device identifiers or related information for the purpose of circumventing:

(a) Device limits;
(b) Promo Code limits;
(c) free-play limits;
(d) purchase requirements;
(e) Account restrictions;
(f) suspensions;
(g) bans;
(h) Game Kit restrictions; or
(i) Competition rules.

6.19 LOGGING OUT

Where supported, a registered User may log out of an Account and return to eligible Anonymous Mode functionality.

Logging out does not delete the Account.

Logging out does not erase Game history, leaderboard records, Competition records or other information that FCGI lawfully retains as described in the Privacy Policy.

6.20 ACCOUNT DELETION

Account deletion requests are handled according to the Privacy Policy, applicable Account functionality and applicable law.

Deletion of an Account does not necessarily require deletion of information that FCGI is permitted or required to retain.

This may include records reasonably necessary for:

(a) legal compliance;
(b) fraud prevention;
(c) security;
(d) dispute resolution;
(e) enforcement;
(f) financial records;
(g) Competition integrity;
(h) leaderboard integrity;
(i) permanent gameplay records;
(j) protection of other Users; or
(k) other purposes described in the Privacy Policy and permitted by applicable law.

7. APPLE IN-APP PURCHASES, SUBSCRIPTIONS AND DIGITAL ENTITLEMENTS

7.1 APPLE IN-APP PURCHASES

Digital purchases made through the iPhone, iPad or Mac versions of the App are processed through Apple's applicable in-app purchase systems where required.

The transaction may therefore also be governed by Apple's applicable purchase, billing and refund rules.

7.2 AVAILABLE PURCHASES MAY CHANGE

FCGI may offer different purchases at different times or in different jurisdictions.

Products, pricing, subscription periods, Game entitlements, features and availability may vary by country, currency, platform or App Store storefront.

7.3 GAME FORMAT PURCHASES

Full Color® Solitaire may contain multiple Game formats.

FCGI may offer subscriptions or purchases providing access to:

(a) an individual Game format;
(b) multiple Game formats;
(c) all eligible Game formats;
(d) designated card sets;
(e) designated levels;
(f) combinations of Games, card sets or levels; or
(g) other configurations offered through the App.

The exact entitlement is the entitlement described at the time of purchase.

7.4 GAME CONFIGURATIONS

Games may contain multiple card-set configurations, levels or other gameplay variations.

The existence of a Game, card set, level or feature does not mean that every purchase includes access to it.

The applicable purchase description controls the digital entitlement purchased.

7.5 SUBSCRIPTIONS

FCGI may offer recurring subscriptions.

Subscription periods, prices and included functionality are displayed through the applicable purchase interface.

Subscription prices may vary by jurisdiction.

Taxes, currency conversions or other charges may apply as determined by Apple or applicable law.

7.6 SUBSCRIPTION RENEWAL

Recurring subscriptions may automatically renew according to the terms presented through Apple's purchase interface unless canceled in accordance with Apple's applicable subscription-management procedures.

FCGI does not independently control Apple's billing process.

7.7 SUBSCRIPTION CANCELLATION

Users may manage or cancel Apple subscriptions through the applicable Apple subscription-management functionality.

Cancellation ordinarily prevents future renewal.

The effect of cancellation on the current paid period is governed by the applicable Apple terms, purchase terms and applicable law.

7.8 ONE-TIME PURCHASES

FCGI may offer one-time purchases that provide designated functionality without a recurring subscription.

A one-time purchase grants the digital entitlement expressly described when purchased.

It does not transfer ownership of the underlying App, Games or FCG-IP.

7.9 PRICES

Prices may vary by country, territory, currency, tax treatment, App Store storefront, product configuration or other lawful commercial factors.

FCGI is not required to maintain identical worldwide pricing.

7.10 PRICE CHANGES

FCGI may change prices prospectively.

Changes to recurring subscriptions are subject to Apple's applicable requirements and applicable law.

A price change does not retroactively change the price of a completed nonrecurring transaction.

7.11 FREE PLAY

FCGI may provide free gameplay before or without purchase.

The amount of free gameplay may vary.

Free gameplay may be offered:

(a) in Anonymous Mode;
(b) through an Account;
(c) through a Promo Code;
(d) through a Game Kit;
(e) through a temporary promotion;
(f) through an educational program;
(g) through a Sponsor campaign; or
(h) through another program authorized by FCGI.

No User acquires a perpetual right to a particular quantity of future free gameplay merely because FCGI previously offered that quantity.

7.12 PROMOTIONAL FREE PLAY

An authorized Promo Code or Game Kit may provide free access to one or more Games for a designated period or other authorized duration.

An entitlement may last for:

(a) a Game;
(b) multiple Games;
(c) a day;
(d) multiple days;
(e) a week;
(f) multiple weeks;
(g) a month;
(h) multiple months;
(i) a year;
(j) multiple years;
(k) another stated period; or
(l) an indefinite or lifetime period where expressly stated by FCGI.

The entitlement attached to the particular authorized Promo Code controls.

7.13 CUSTOM BACKGROUND FUNCTIONALITY

FCGI may offer an in-app purchase or other entitlement allowing a User to select or upload an eligible custom Game background.

Custom backgrounds remain subject to these Terms.

A User does not acquire any right to upload unlawful or infringing Content merely because the User purchased custom-background functionality.

7.14 SPONSOR BACKGROUND PRIORITY

When a User voluntarily redeems a Promo Code associated with a Sponsor campaign, the applicable Sponsor background or other approved campaign presentation may temporarily replace or override the User's default or custom Game background for the Games and duration covered by that campaign.

The User acknowledges that Sponsor-branded presentation may constitute part of the consideration and experience associated with Sponsor-funded free gameplay.

7.15 NO PREMATURE REMOVAL OF ACTIVE SPONSOR PRESENTATION

Where a User voluntarily redeems a Promo Code after being informed that Sponsor branding accompanies the promotional entitlement, the User may not use App functionality to prematurely terminate the Sponsor presentation merely to retain Sponsor-funded gameplay without the corresponding approved Sponsor experience.

If a Promo Code provides thirty days of Sponsor-funded access, for example, the associated approved Sponsor presentation may remain applicable to the covered Games during that thirty-day period.

This provision does not prevent a User from exercising rights that applicable law requires FCGI to provide.

7.16 RESTORATION AFTER SPONSOR PERIOD

After the applicable Sponsor entitlement expires, the affected Game presentation may return to:

(a) the User's eligible custom background;
(b) the default Full Color® background;
(c) another background selected by the User; or
(d) another presentation then applicable to the User's authorized entitlement.

Expiration of Sponsor-funded access does not ordinarily destroy an otherwise valid custom-background entitlement.

7.17 REVEAL HIDDEN CARDS

FCGI may offer a consumable in-app purchase or other entitlement that allows eligible Users to reveal hidden cards in designated Games.

The purpose of such functionality may include assisting a User who wishes to inspect hidden information, understand a blocker or study a Game.

7.18 CONSUMABLE CREDITS

Reveal Hidden Cards or similar functionality may operate through consumable credits.

A credit may be consumed when activated for an eligible Game.

Once activated, the applicable functionality may remain available for the applicable Game according to the rules presented in the App.

Consumable purchases are not subscriptions unless expressly identified as such.

7.19 FUTURE IN-APP PURCHASES

FCGI may introduce additional lawful in-app purchases or digital entitlements.

New products may be subject to additional descriptions, rules or Supplemental Terms.

The existence of these Terms does not obligate FCGI to offer any particular future product.

7.20 PURCHASE ENTITLEMENTS AND ACCOUNTS

Some purchases may operate in Anonymous Mode.

Other purchases or premium functionality may require an Account.

The App may explain when registration or login is required to receive, synchronize or use a particular feature.

7.21 APPLE PURCHASE RECORDS

Apple may maintain purchase records associated with transactions processed through Apple's systems.

FCGI may rely upon information provided through Apple's authorized systems to verify or restore eligible purchases.

7.22 RESTORE PURCHASES

Where applicable, FCGI may provide functionality allowing eligible Apple purchases to be restored according to Apple's systems and the nature of the purchase.

Consumable purchases may be treated differently from nonconsumable purchases or subscriptions.

7.23 REFUNDS

Refund requests for transactions processed by Apple are subject to Apple's applicable refund processes and applicable law.

Nothing in these Terms limits a mandatory refund, cancellation or consumer right that applicable law does not permit FCGI or Apple to exclude.

7.24 NO RESALE OF DIGITAL ENTITLEMENTS

Unless expressly authorized by FCGI and permitted by applicable law, a User may not:

(a) resell a subscription;
(b) resell an in-app purchase;
(c) sell Account access;
(d) sell access to purchased Game functionality;
(e) commercially transfer a consumable credit;
(f) operate an unauthorized market in digital entitlements; or
(g) represent that a personal digital entitlement includes commercial redistribution rights.

7.25 NO CIRCUMVENTION OF PURCHASE REQUIREMENTS

A User may not bypass, defeat or manipulate purchase systems to obtain paid functionality without authorization.

Prohibited conduct includes unauthorized manipulation of:

(a) receipts;
(b) transaction records;
(c) entitlement records;
(d) subscription status;
(e) consumable balances;
(f) App state;
(g) Device state;
(h) Account state; or
(i) communications between the App and authorized transaction systems.

7.26 ERRORS IN ENTITLEMENTS

If a technical, administrative or other error causes an entitlement to be incorrectly granted, duplicated, denied or displayed, FCGI may correct the error.

FCGI will not knowingly use this provision to confiscate a valid paid entitlement contrary to applicable law.

7.27 FRAUDULENT TRANSACTIONS

FCGI may investigate transactions reasonably suspected of being fraudulent, unauthorized, reversed, manipulated or otherwise invalid.

FCGI may suspend affected digital entitlements while reasonably investigating suspected fraud where permitted by applicable law.

7.28 CHARGEBACKS AND REVERSALS

Where a transaction is lawfully reversed, refunded, charged back or otherwise invalidated, the corresponding digital entitlement may be removed or adjusted to the extent appropriate to the reversal and permitted by applicable law.

7.29 NO GUARANTEE OF PERPETUAL FEATURE CONFIGURATION

A purchase grants the entitlement represented at the time of purchase subject to applicable law.

FCGI may continue to develop and modify the App.

Nothing in a purchase grants a User ownership or control over the future design, interface, technical architecture or development of the App.

7.30 PROMO CODES ARE SEPARATE FROM PURCHASES

Promo Code entitlements are promotional or licensed entitlements.

They are not purchases merely because the same or similar gameplay may otherwise be available through an in-app purchase.

The expiration of a Promo Code does not constitute cancellation of an independently purchased entitlement.

7.31 RETURN TO ORDINARY ENTITLEMENT AFTER PROMOTION

When a temporary Promo Code or Game Kit entitlement expires, the User ordinarily returns to the gameplay rights otherwise available to that User.

Those rights may include:

(a) Anonymous Mode;
(b) free-play functionality;
(c) an active subscription;
(d) a valid one-time purchase;
(e) another authorized Game Kit entitlement; or
(f) other functionality then available to the User.

7.32 NO GUARANTEE OF PROMOTIONAL REPLACEMENT

Expiration of one promotional entitlement does not guarantee eligibility for another Promo Code or promotional entitlement.

FCGI may establish limits on the number, frequency, sequence or combination of promotional entitlements that a User, Account or Device may redeem, subject to applicable law.

7.33 NO EQUITABLE CLAIM TO REPEATED FREE PROMOTIONS

The receipt of free or Sponsor-funded gameplay on one or more occasions does not create a contractual right to receive repeated future free promotions.

FCGI may structure Promo Codes and Game Kit campaigns to prevent repeated use of promotional offers by the same User, Account, Device or other reasonably identified participant where such restrictions are disclosed or otherwise lawfully implemented.

8. PROMO CODES, REDEMPTION AND PROMOTIONAL ACCESS

8.1 PROMO CODE PURPOSE

FCGI may issue or authorize Promo Codes that provide eligible Users with free, discounted, expanded or otherwise promotional access to designated Games, features or Services.

Promo Codes may be distributed through a Game Kit or another program authorized by FCGI.

8.2 METHODS OF DISTRIBUTION

Subject to FCGI approval and applicable law, an authorized Sponsor, Game Kit licensee or other authorized distributor may distribute Promo Codes through lawful media or methods.

Such distribution may include:

(a) product packaging;
(b) product labels;
(c) bottle caps;
(d) containers;
(e) printed materials;
(f) receipts;
(g) point-of-sale materials;
(h) cards;
(i) coupons;
(j) direct mail;
(k) email;
(l) text or other electronic communications where legally permitted;
(m) websites;
(n) social media;
(o) advertisements;
(p) publications;
(q) magazines;
(r) newspapers;
(s) television;
(t) radio;
(u) streaming media;
(v) events;
(w) educational materials;
(x) QR codes;
(y) digital links;
(z) electronic transmissions; and
(aa) other lawful physical or electronic distribution methods approved or permitted by FCGI.

8.3 REDEMPTION MAY REQUIRE AN ACCOUNT

FCGI may require a User to create, verify and log into an Account before redeeming a Promo Code.

Requiring an Account allows FCGI to administer the promotional entitlement, synchronize eligible Devices, prevent fraud and provide applicable Game Kit functionality.

8.4 PROMO CODE ENTITLEMENTS VARY

Different Promo Codes may provide different entitlements.

A Promo Code may provide access to:
(a) one Game;
(b) multiple Games;
(c) all eligible Games;
(d) particular Game formats;
(e) particular card sets;
(f) particular levels;
(g) particular features;
(h) designated Game Kit functionality; or
(i) another benefit identified by FCGI.

A Promo Code may be valid for a limited period or another duration expressly established by FCGI.

8.5 NO STANDARD PROMOTIONAL DURATION

No standard promotional duration is guaranteed.

A Promo Code may provide an entitlement for a Game, event, day, week, month, year, other period or an indefinite or lifetime period where expressly designated by FCGI.

The terms applicable to the particular Promo Code control.

8.6 REDEMPTION CONDITIONS

FCGI may establish conditions for redemption, including:

(a) Account registration;
(b) Account verification;
(c) Device eligibility;
(d) geographic eligibility;
(e) campaign eligibility;
(f) age eligibility;
(g) Game Kit membership;
(h) redemption deadlines;
(i) maximum redemption counts;
(j) previous-promotion restrictions;
(k) Device limits;
(l) Account limits; or
(m) other lawful campaign conditions.

8.7 PROMO CODE LIMITS

FCGI may limit the number or frequency of Promo Codes that may be redeemed by a User, Account, Device or other reasonably identified participant.

Such limits may differ among campaigns.

FCGI is not required to permit Users to move continuously from one free promotional campaign to another.

8.8 PROMOTIONAL ELIGIBILITY

Eligibility for one Promo Code does not establish eligibility for another.

A User who has previously received promotional access may be ineligible for a subsequent promotion where the applicable campaign rules so provide.

8.9 DEVICE AND ACCOUNT ASSOCIATION

FCGI may associate a redeemed Promo Code with the User's Account and eligible Devices.

Eligible Promo Code benefits may synchronize across a limited number of Devices as determined by FCGI for the applicable program.

8.10 PROMO CODE REDEMPTION RECORDS

FCGI may maintain records reasonably necessary to determine:

(a) whether a Promo Code was redeemed;
(b) when redemption occurred;
(c) which Account redeemed it;
(d) which eligible Devices are associated with the entitlement;
(e) the duration of the entitlement;
(f) which Games or features are included;
(g) whether the entitlement expired;
(h) whether redemption limits have been reached;
(i) whether fraud or abuse has occurred; or
(j) other information reasonably necessary to administer the promotion.

Such information is handled according to the Privacy Policy.

8.11 MANUAL OVERRIDE

FCGI may manually reset, correct, restore, extend, revoke or otherwise adjust a Promo Code entitlement where reasonably necessary to:

(a) correct an error;
(b) address technical malfunction;
(c) honor an authorized campaign;
(d) respond to legitimate customer support;
(e) address fraud;
(f) enforce campaign rules;
(g) resolve a Device migration;
(h) administer a Game Kit; or
(i) comply with applicable law.

8.12 NO OWNERSHIP OF PROMO CODES

Promo Codes remain part of FCGI's promotional and licensing systems.

Receipt or possession of a Promo Code does not grant ownership of:

(a) the Promo Code system;
(b) the associated campaign;
(c) the Game Kit;
(d) FCG-IP;
(e) Sponsor Content;
(f) administrative functionality;
(g) distribution rights;
(h) licensing rights; or
(i) other proprietary rights.

8.13 NO UNAUTHORIZED SALE OR TRAFFICKING

Unless expressly authorized by FCGI, a person may not sell, resell, auction, barter, sublicense or commercially traffic in Promo Codes.

A Promo Code distributed without charge does not become a commercially transferable asset merely because a recipient possesses it.

8.14 NO PROMO CODE FARMING

A User may not engage in Promo Code farming.

Prohibited conduct includes systematically obtaining Promo Codes through multiple Accounts, fabricated identities, manipulated Devices, automated processes or other circumvention methods for the purpose of exceeding authorized promotional limits.

8.15 NO UNAUTHORIZED GENERATION

A person may not:

(a) generate unauthorized Promo Codes;
(b) guess Promo Codes through automated processes;
(c) brute-force Promo Codes;
(d) counterfeit Promo Codes;
(e) modify Promo Codes;
(f) duplicate restricted Promo Codes for unauthorized use;
(g) create software intended to discover valid Promo Codes;
(h) exploit a vulnerability to obtain Promo Codes; or
(i) otherwise interfere with Promo Code integrity.

8.16 NO REDEMPTION CIRCUMVENTION

A User may not manipulate an Account, Device, identifier, application, operating system, network communication or other system for the purpose of defeating Promo Code redemption limits.

8.17 SPONSOR-FUNDED GAMEPLAY

A Sponsor may fund or otherwise support free gameplay provided through an authorized Sponsor Kit or other approved Game Kit.

Sponsor-funded gameplay may be accompanied by approved Sponsor Content.

A User who voluntarily redeems the applicable Promo Code accepts the authorized campaign presentation applicable to that promotional entitlement.

8.18 SPONSOR BACKGROUNDS

An authorized Sponsor campaign may replace the default or custom Game background with an approved Sponsor background for the Games and period covered by the promotion.

Sponsor backgrounds may contain authorized logos, trademarks, designs, messages or other approved Sponsor Content.

8.19 PROMOTIONAL EXPERIENCE AS PART OF THE ENTITLEMENT

The Sponsor presentation may be an integral part of the promotional experience through which the User receives Sponsor-funded gameplay.

A User has no contractual right to separate the free promotional gameplay from an accompanying Sponsor presentation that was disclosed as part of the promotion.

8.20 PROMOTION EXPIRATION

When the applicable Promo Code expires:

(a) promotional gameplay may terminate;
(b) Sponsor branding may terminate;
(c) the applicable Game may return to its default or otherwise authorized background;
(d) an eligible custom background may resume;
(e) the User may return to the User's ordinary free or purchased entitlement;
(f) the User may remain logged into the Account; and
(g) the User may log out and use eligible Anonymous Mode functionality.

8.21 ACCOUNT AND GAME HISTORY AFTER EXPIRATION

Expiration of a Promo Code does not necessarily delete the User's Account, gameplay history, statistics, scores, rankings or leaderboard information.

Such information may remain available or be retained as described in the Privacy Policy and permitted by applicable law.

8.22 INVALID PROMO CODES

FCGI may reject a Promo Code that is:

(a) expired;
(b) invalid;
(c) counterfeit;
(d) unauthorized;
(e) already exhausted;
(f) used beyond an applicable redemption limit;
(g) associated with fraud;
(h) associated with a terminated campaign; or
(i) otherwise ineligible under the applicable campaign rules.

8.23 CAMPAIGN TERMINATION

FCGI may suspend or terminate a promotional campaign where reasonably necessary because of:

(a) fraud;
(b) security problems;
(c) legal requirements;
(d) Sponsor breach;
(e) technical failure;
(f) intellectual-property concerns;
(g) abuse;
(h) campaign integrity concerns; or
(i) other circumstances permitting termination under the applicable agreement.

Rights concerning a paid commercial Sponsor relationship may additionally be governed by the applicable commercial agreement.

8.24 NO GUARANTEE OF SPONSOR PERFORMANCE

FCGI does not guarantee that a Sponsor will continue a campaign for any period beyond FCGI's enforceable obligations under an applicable agreement.

User remedies for a materially altered consumer promotion remain subject to applicable law.

8.25 PROMO CODE FRAUD

FCGI may investigate suspected Promo Code fraud.

FCGI may preserve relevant records, invalidate fraudulent redemptions, suspend affected functionality or take other reasonable enforcement measures permitted by these Terms and applicable law.

9. MASTER GAME KIT LICENSE

9.1 GAME KIT PROGRAM

FCGI may operate a Game Kit program that allows approved individuals, schools, institutions, organizations, businesses, Sponsors, partners, influencers, ambassadors and other approved persons to use designated Full Color® functionality for authorized purposes.

Game Kit is the master program.

Individual Game Kit configurations may provide different permissions, functionality and restrictions according to the nature of the approved use.

9.2 GAME KIT CLASSES

Game Kit configurations may include:

(a) School Kit;
(b) Institution Kit;
(c) Sponsor Kit;
(d) Partner Kit;
(e) Ambassador Kit;
(f) Influencer Kit;
(g) Marketing Kit;
(h) Promotional Kit;
(i) Party Kit; and
(j) other Game Kit configurations introduced by FCGI.

9.3 GAME KIT FUNCTIONALITY

An approved Game Kit may provide access to designated:

(a) Promo Codes;
(b) custom backgrounds;
(c) branding;
(d) Games;
(e) Game configurations;
(f) Game seeds;
(g) competitions;
(h) assignments;
(i) educational tools;
(j) administrative tools;
(k) analytics;
(l) reports;
(m) historical information;
(n) communications;
(o) push-notification functionality;
(p) segmentation functionality;
(q) rewards functionality;
(r) social functionality;
(s) multiplayer functionality;
(t) comparative analytics; or
(u) other functionality approved by FCGI.

9.4 GAME KIT IS A LICENSE

A Game Kit is a license to use designated functionality.

It is not a sale or transfer of Full Color® Intellectual Property.

A Game Kit licensee acquires no ownership interest in:

(a) FCGI;
(b) Full Color® Solitaire;
(c) Full Color® Games;
(d) Full Color® Cards;
(e) the Full Color® Gaming System;
(f) Game Kit technology;
(g) Promo Code technology;
(h) the App;
(i) Games;
(j) software;
(k) algorithms;
(l) formulas;
(m) databases;
(n) administrative systems;
(o) analytics systems;
(p) Content; or
(q) other FCG-IP.

9.5 LIMITED LICENSE

Unless a separate written agreement expressly provides otherwise, an approved Game Kit grants only a limited, revocable, nonexclusive, nontransferable and nonsublicensable right to use the authorized Game Kit functionality for the approved purpose and duration.

9.6 NO IMPLIED RIGHTS

No Game Kit right is granted by implication.

A Game Kit licensee may exercise only:

(a) rights expressly provided through the approved Game Kit;
(b) rights expressly stated in these Terms;
(c) rights provided through applicable Supplemental Terms;
(d) rights expressly provided in a separate written agreement; and
(e) rights independently provided by applicable law.

9.7 APPLICATION REQUIRED

A person seeking a Game Kit must apply through the Game Kit application, Submit a Request functionality or another application method made available through an Authorized Full Color® Website

9.8 APPLICATION DOES NOT GUARANTEE APPROVAL; NO RIGHTS ARISING FROM APPLICATION

Submission, receipt, review, consideration or processing of any Game Kit application does not guarantee approval and does not create any right, license, entitlement, expectancy, priority, reservation, commitment or assurance of approval.

Except where applicable law or a separate written agreement expressly provides otherwise, FCGI may approve or reject any Game Kit application, in whole or in part, with or without cause, in FCGI's discretion.

An applicant acquires no Game Kit rights merely because FCGI:

(a) accepts or receives an application;
(b) reviews or considers an application;
(c) requests additional information;
(d) communicates with the applicant;
(e) discusses a proposed Game Kit;
(f) permits the applicant to complete additional application or verification steps;
(g) previously approved another applicant or a similar application;
(h) previously approved the same applicant for another Game Kit;
(i) incurs time or expense reviewing the application; or
(j) allows an application to remain pending for any period.

Except where applicable law or a separate written agreement expressly requires otherwise, FCGI has no obligation to:

(a) approve an application;
(b) conditionally approve an application;
(c) negotiate with an applicant;
(d) continue discussions with an applicant;
(e) provide an applicant an opportunity to cure, supplement, modify or resubmit an application;
(f) provide advance notice of rejection;
(g) provide a warning;
(h) provide an appeal or reconsideration process;
(i) disclose its evaluation criteria;
(j) disclose its internal deliberations;
(k) identify the reason or reasons for rejection; or
(l) provide an explanation, justification, evidence or statement of reasons for its decision.

An applicant should not incur expenses, undertake obligations or materially rely upon anticipated Game Kit approval before receiving actual approval from FCGI.

To the fullest extent permitted by applicable law, no applicant shall be entitled to damages, lost profits, lost revenue, lost opportunity, lost goodwill, reliance expenditures, anticipated benefits, reimbursement, compensation or other monetary recovery arising solely from FCGI's valid rejection, nonapproval or decision not to proceed with a Game Kit application.

No application, pending application, communication, negotiation, review, consideration or course of dealing creates a vested, contractual, equitable or other right to approval except to the extent such a right is expressly created by a separate written agreement authorized by FCGI or by applicable law.

Game Kit rights arise only upon actual approval or activation by FCGI through an authorized process and remain subject to these Terms, applicable Supplemental Terms and any applicable separate written agreement.

9.9 VERIFICATION

FCGI may request information reasonably necessary to evaluate or administer a Game Kit application.

Depending upon the Game Kit, this may include information concerning:

(a) identity;
(b) organization;
(c) school;
(d) institution;
(e) proposed campaign;
(f) proposed audience;
(g) proposed use;
(h) distribution methods;
(i) branding;
(j) rewards;
(k) territory;
(l) legal compliance;
(m) administrative contacts; or
(n) contact information voluntarily made available through User-authorized Contacts access where reasonably relevant to verification of the applicant, application, eligibility, affiliation, authority or other information material to the proposed Game Kit; or
(o) other information reasonably relevant to the proposed program.

9.10 NO FALSE APPLICATIONS

A Game Kit applicant may not knowingly provide materially false, deceptive or misleading information in an application.

A person may not impersonate a school, institution, Sponsor, business, influencer, organization or other applicant to obtain Game Kit rights.

9.11 FCGI APPROVAL

A Game Kit license becomes effective only upon approval or activation by FCGI through an authorized process.

FCGI may condition approval upon acceptance of:

(a) these Terms;
(b) Supplemental Terms;
(c) program rules;
(d) privacy requirements;
(e) brand requirements;
(f) campaign requirements;
(g) a separate commercial agreement; or
(h) other lawful conditions applicable to the requested Game Kit.

9.12 GAME KIT SCOPE

FCGI may define the scope of a Game Kit according to:

(a) purpose;
(b) User population;
(c) territory;
(d) duration;
(e) number of participants;
(f) Games;
(g) features;
(h) administrative permissions;
(i) Promo Code limits;
(j) communication rights;
(k) data access;
(l) branding rights;
(m) Reward rights;
(n) Competition rights; or
(o) other program parameters.

9.13 PERMISSION-CONTROLLED FUNCTIONALITY

Game Kit functionality may be permission controlled.

Different Game Kit classes may display or provide access to different fields, information, administrative tools and capabilities.

The fact that functionality exists in one Game Kit does not establish a right to that functionality in another Game Kit.

9.14 PRIVACY-BASED PERMISSION DIFFERENCES

FCGI may restrict or remove functionality from a Game Kit where appropriate to protect privacy or comply with applicable law.

For example, School Kit may mask, omit or restrict access to email addresses or other information that may be available in another appropriately authorized Game Kit.

Such differences are intentional permission controls and do not constitute a defect in the Service.

9.15 GAME KIT ADMINISTRATOR

FCGI may authorize one or more Game Kit Administrators.

A Game Kit Administrator may administer only the functionality made available within the approved Game Kit.

9.16 ADMINISTRATOR RESPONSIBILITY

A Game Kit licensee is responsible for ensuring that its authorized administrators comply with these Terms and applicable Supplemental Terms to the extent permitted by applicable law.

A Game Kit licensee may not knowingly provide administrative credentials to unauthorized persons.

9.17 NO SUBLICENSING

A Game Kit licensee may not sublicense, sell, assign, transfer or commercially redistribute Game Kit rights unless FCGI expressly authorizes such activity in writing.

9.18 NO WHITE LABELING

A Game Kit does not grant white-label rights.

A licensee may not remove Full Color® source identification, falsely claim ownership of the Games or represent Full Color® technology as independently created by the licensee.

9.19 NO CREATION OF DERIVATIVE COMMERCIAL PLATFORM

A Game Kit licensee may not use access to Game Kit systems to create an unauthorized competing, substitutive, derivative or white-label commercial platform using protected FCG-IP.

9.20 GAME KIT BRANDING

FCGI may permit a Game Kit licensee to submit authorized logos, backgrounds, trademarks, messages or other Content for use within the approved Game Kit.

Such permission does not transfer ownership of Full Color® technology to the licensee.

9.21 INITIAL BRAND APPROVAL

FCGI may review Game Kit branding and other submitted materials as part of initial approval.

Approval of initial materials does not constitute perpetual approval of every subsequent use or modification.

9.22 CONTINUING QUALITY CONTROL

FCGI reserves the right to review Game Kit Content and use of Full Color® Intellectual Property to protect the quality, integrity, reputation and goodwill associated with Full Color® products and marks.

FCGI may require modification or removal of Game Kit Content that materially violates these Terms, applicable Supplemental Terms, applicable law or applicable brand requirements.

9.23 NO HARM TO FULL COLOR® BRAND

A Game Kit licensee may not use FCG-IP in a manner that is unlawful, deceptive or reasonably likely to:

(a) create material consumer confusion;
(b) falsely imply authorization beyond the license granted;
(c) tarnish Full Color® trademarks;
(d) dilute protected Full Color® marks;
(e) materially damage the goodwill associated with Full Color® products;
(f) falsely disparage the origin or authenticity of Full Color® products;
(g) associate Full Color® products with prohibited unlawful activity; or
(h) materially violate applicable quality-control requirements.

9.24 NO ACQUISITION OF FULL COLOR® RIGHTS

A Game Kit licensee may not claim ownership of FCG-IP based upon its Game Kit participation.

Use of Full Color® trademarks under an authorized Game Kit inures to the benefit of the applicable trademark rights holder to the extent provided by applicable law.

9.25 IMPROVEMENTS AND REQUESTED CUSTOMIZATIONS

FCGI may receive requests, suggestions or feedback concerning improvements, modifications or customizations to Game Kit functionality.

Nothing in a request for customization gives the requesting party ownership of preexisting FCG-IP.

Rights concerning User Content, Feedback, commissioned development or separately negotiated custom development are governed by the applicable provisions of these Terms or a separate written agreement.

9.26 GAME KIT MODIFICATIONS

FCGI may add, remove, modify, rename or reorganize Game Kit functionality.

Material changes affecting contractual rights will be handled according to these Terms, applicable Supplemental Terms and applicable law.

9.27 FREE GAME KITS

FCGI may provide certain Game Kits without charge.

A free Game Kit does not create a perpetual entitlement to free service.

FCGI may prospectively introduce fees, change eligibility, modify functionality or discontinue a free Game Kit subject to applicable law and any applicable notice requirements.

9.28 PAID GAME KITS

FCGI may offer paid Game Kits or paid functionality.

Paid Game Kit relationships may require Supplemental Terms or a separate commercial agreement.

9.29 COMMERCIAL GAME KIT RIGHTS REQUIRE EXPRESS AUTHORIZATION

No Game Kit licensee receives a right to commercially exploit FCG-IP beyond the express scope of its approved license.

The following activities require express authorization where they exercise rights controlled by FCGI or another applicable rights holder:

(a) paid sponsorship;
(b) resale;
(c) sublicensing;
(d) white labeling;
(e) commercial redistribution;
(f) affiliate marketing using licensed Full Color® assets;
(g) revenue sharing;
(h) commercial tournaments;
(i) paid promotional activities;
(j) monetized integrations;
(k) commercial broadcasting;
(l) commercial use of Full Color® trademarks beyond the authorized Game Kit scope;
(m) commercial manufacture or distribution of Full Color® Cards;
(n) commercial exploitation of protected Full Color® Content; or
(o) other commercial exploitation requiring rights controlled by FCGI or another applicable rights holder.

9.30 NO RIGHT TO COMPENSATION

Participation in a Game Kit does not create any right to compensation.

No person is entitled to payment merely because that person:

(a) promotes Full Color® Solitaire;
(b) promotes Full Color® Games;
(c) distributes an authorized Promo Code;
(d) recommends the App;
(e) publishes a link to the App;
(f) generates downloads;
(g) generates registrations;
(h) generates subscriptions;
(i) generates purchases;
(j) produces publicity;
(k) provides press or media coverage;
(l) creates social-media Content;
(m) introduces Users to the Services; or
(n) otherwise provides promotional exposure or commercial benefit to FCGI.

Compensation exists only where expressly established by a separate written agreement authorized by FCGI.

9.31 NO IMPLIED AFFILIATE RELATIONSHIP

No affiliate, referral, commission, revenue-sharing or compensation relationship arises by implication, custom, course of dealing, performance or benefit conferred.

An Affiliate or revenue-sharing relationship must be expressly approved by FCGI under a separate written agreement.

9.32 GAME KIT COMMUNICATIONS

Certain Game Kits may include communication functionality.

Authorized functionality may permit a Game Kit Administrator to prepare, select, schedule or initiate communications to eligible participating Users through FCGI-controlled or authorized systems.

9.33 PUSH NOTIFICATIONS

Game Kit functionality may use push-notification infrastructure made available through FCGI's authorized service providers and Apple's ecosystem.

FCGI may use third-party technology providers, including push-notification service providers, to transmit authorized communications.

Use of a third-party infrastructure provider does not give a Game Kit licensee unrestricted access to FCGI User data.

9.34 GAME KIT ADMINISTRATOR COMMUNICATIONS

Where authorized by FCGI, a Game Kit Administrator may administer communications through the applicable Game Kit dashboard or functionality.

The administrator must use such functionality solely within the scope of the approved Game Kit.

9.35 NO INDEPENDENT ACCESS TO FCGI COMMUNICATION INFRASTRUCTURE

A Game Kit licensee receives no ownership interest in or independent right to access:

(a) FCGI notification infrastructure;
(b) Apple notification infrastructure;
(c) third-party notification infrastructure;
(d) APIs;
(e) credentials;
(f) tokens;
(g) databases; or
(h) other communications technology

except through functionality expressly provided or separately licensed by FCGI.

9.36 PROMOTIONAL NOTIFICATIONS DURING GAME KIT PARTICIPATION

Certain promotional Game Kits depend upon communications necessary to operate the applicable campaign.

Where disclosed before participation and permitted by applicable law, receipt of designated Game Kit communications may be a condition of continued participation in that Game Kit.

A User who does not wish to receive communications required for an optional Game Kit may cease participating in that Game Kit where the functionality permits.

9.37 MANDATORY COMMUNICATION RIGHTS

Nothing in these Terms eliminates any right under applicable law to control notifications or communications where that right cannot lawfully be waived.

Device-level notification controls provided by Apple or an operating system remain subject to the functionality of that platform.

Disabling notifications may impair or prevent operation of Game Kit features that depend upon those notifications.

9.38 AFTER PROMOTIONAL PARTICIPATION

When an applicable promotional Game Kit or campaign expires, communications associated solely with that campaign may cease.

Other communications remain governed by the User's Account status, preferences, the Privacy Policy and applicable law.

9.39 GAME KIT ANALYTICS

FCGI may provide authorized Game Kit licensees with analytics appropriate to their approved program.

The type and granularity of analytics may differ by Game Kit.

9.40 SPONSOR AND COMMERCIAL ANALYTICS

Unless FCGI expressly provides otherwise pursuant to an applicable disclosure, consent mechanism and legal basis, Sponsor and commercial Game Kit analytics provided by FCGI will not include User PII merely because the Sponsor funded or administered the campaign.

FCGI may provide aggregated, statistical, deidentified or otherwise appropriately limited analytics consistent with the Privacy Policy and applicable law.

9.41 NO RIGHT TO USER PII

A Game Kit license does not itself grant the licensee ownership of or unrestricted access to User PII.

No Sponsor, partner, influencer, advertiser or other Game Kit licensee may claim a right to individual User PII merely because:

(a) the User redeemed its Promo Code;
(b) the licensee funded gameplay;
(c) the licensee supplied a background;
(d) the licensee supplied a Reward;
(e) the User participated in a Competition;
(f) the User interacted with the Game Kit; or
(g) the licensee generated the User's original App download.

9.42 SEPARATE USER CONSENT

FCGI may support a future or specialized campaign in which a User separately elects to provide information to a Sponsor or other approved third party.

Any such program requiring materially different data practices may be subject to additional disclosures, consent mechanisms, Supplemental Terms or an updated Privacy Policy as required by applicable law.

9.43 EXTERNAL SPONSOR SERVICES

A Sponsor or other Game Kit licensee may operate its own website, application or external service.

Information that a User independently provides directly to that third party through the third party's service is governed by the applicable third party's terms and privacy practices.

FCGI does not acquire responsibility for a third party's independent data practices merely because an authorized Full Color® campaign links to that third party.

9.44 API INTEGRATIONS

FCGI may offer approved API or technical integrations for particular Game Kit relationships.

No API access exists unless expressly authorized by FCGI.

An API integration does not grant unrestricted access to User information.

The scope of any API access is determined by FCGI, the applicable agreement, the Privacy Policy, User permissions and applicable law.

9.45 NO SCRAPING AS SUBSTITUTE FOR API ACCESS

A person may not circumvent the absence or limitations of an authorized API by scraping, harvesting, intercepting or otherwise extracting protected or access-controlled information through unauthorized means.

9.46 GAME KIT COMPLIANCE

Every Game Kit licensee must use the Game Kit in compliance with:

(a) these Terms;
(b) the Privacy Policy;
(c) applicable Supplemental Terms;
(d) the approved Game Kit scope;
(e) applicable law;
(f) applicable Competition rules;
(g) applicable Reward rules; and
(h) any separate written agreement governing the Game Kit.

9.47 GAME KIT INVESTIGATION

FCGI may reasonably investigate suspected material violations involving a Game Kit.

The investigation may include review of information lawfully available to FCGI concerning:

(a) administrative activity;
(b) Promo Code activity;
(c) campaign configuration;
(d) communications sent through FCGI systems;
(e) Game Kit Content;
(f) redemption activity;
(g) Competition activity;
(h) security events;
(i) reported misconduct; or
(j) other activity reasonably relevant to the suspected violation.

9.48 GAME KIT SUSPENSION

FCGI may suspend Game Kit functionality where reasonably necessary to investigate or address:

(a) fraud;
(b) unauthorized access;
(c) security threats;
(d) material violations of these Terms;
(e) unlawful activity;
(f) material privacy violations;
(g) Intellectual Property infringement;
(h) prohibited Sponsor Content;
(i) unauthorized commercial exploitation;
(j) material Competition manipulation; or
(k) other conduct presenting a material risk to FCGI, Users or the integrity of the Services.

9.49 REVOCABLE NATURE OF GAME KIT ACCESS

Except where a separate written commercial agreement expressly provides otherwise, every free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit is provided as a revocable license and privilege.

No approval, activation, prior use, duration of use, number of participants, investment of time, distribution of Promo Codes, reliance upon continued availability or previous continuation of a Game Kit creates a perpetual, vested or irrevocable right to continued Game Kit access.

9.50 FCGI RIGHT TO SUSPEND, MODIFY OR TERMINATE GAME KIT

To the fullest extent permitted by applicable law, FCGI may suspend, restrict, modify, deactivate, discontinue, decline to renew or terminate any free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit, in whole or in part, at any time, with or without cause, in FCGI's discretion.

FCGI expressly reserves and retains all rights, authority and discretion concerning whether any free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit will be approved, activated, continued, modified, restricted, suspended, renewed, discontinued, reactivated or terminated, subject only to applicable law and any express obligation undertaken by FCGI in a separate written agreement.

FCGI may exercise this right immediately.

Except where applicable law requires otherwise, FCGI is not required to provide:

(a) advance notice;
(b) prior written notice;
(c) a warning;
(d) a cure period;
(e) an opportunity to appeal;
(f) an opportunity to modify the applicable activity;
(g) an explanation;
(h) a statement of reasons;
(i) evidence supporting the decision;
(j) continued access during review;
(k) replacement access;
(l) a substitute Game Kit; or
(m) any other pretermination process.

9.51 NO CONSENT REQUIRED

Except where a separate written commercial agreement expressly provides otherwise, FCGI does not require the consent, permission, approval or agreement of a Game Kit applicant, licensee, administrator, participant, User or other person before exercising a right reserved to FCGI under Section 9.50.

9.52 NO OBLIGATION TO CONTINUE FREE GAME KIT

No person has a contractual right to require FCGI to continue providing a free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit.

FCGI makes no promise that any such Game Kit will:

(a) remain available;
(b) remain free;
(c) retain the same functionality;
(d) retain the same participant limits;
(e) retain the same Promo Code rights;
(f) retain the same administrative functionality;
(g) remain available in a particular jurisdiction; or
(h) continue for any particular period.

9.53 NO DAMAGES BASED SOLELY UPON VALID TERMINATION

To the fullest extent permitted by applicable law, FCGI shall not be liable for damages, lost profits, lost revenue, lost opportunity, lost goodwill, reliance expenditures, anticipated benefits, consequential damages or other compensation arising solely from FCGI's valid suspension, modification, discontinuation, nonrenewal or termination of a free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit in accordance with these Terms.

Nothing in this Section excludes liability that applicable law prohibits FCGI from excluding.

9.54 NO REIMBURSEMENT OR COMPENSATION

Except where applicable law requires otherwise, termination of a free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit does not entitle any Game Kit licensee, administrator, participant or other person to:

(a) reimbursement;
(b) compensation;
(c) damages;
(d) restitution for the value of free Game Kit access;
(e) payment for promotional activity;
(f) payment for Users introduced to FCGI;
(g) payment for downloads;
(h) payment for Account registrations;
(i) payment for goodwill allegedly created;
(j) payment for time or resources voluntarily devoted to the Game Kit; or
(k) compensation for anticipated future use.

9.55 NO RELIANCE RIGHT

A Game Kit applicant or licensee accepts the risk that a free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit may be modified or terminated.

Except to the extent applicable law provides otherwise, a person may not reasonably rely upon continued availability of a revocable Game Kit as a promise by FCGI of perpetual or guaranteed future access.

9.56 EFFECT OF TERMINATION

Upon suspension, expiration or termination of a Game Kit, FCGI may, as applicable:

(a) deactivate the Game Kit;
(b) terminate administrative access;
(c) disable or expire Promo Codes;
(d) prevent additional Promo Code redemptions;
(e) terminate Game Kit communications;
(f) remove Game Kit branding;
(g) discontinue Game Kit-specific backgrounds;
(h) discontinue Game Kit-specific analytics;
(i) discontinue Game Kit-specific reports;
(j) discontinue Game Kit-specific integrations;
(k) terminate API access;
(l) terminate Game Kit-specific permissions;
(m) terminate Game Kit-specific licenses to FCG-IP; and
(n) take other actions reasonably necessary to give effect to the suspension, expiration or termination.

9.57 EXISTING USERS FOLLOW THEIR REMAINING ENTITLEMENTS

Termination of a Game Kit does not transfer ownership of any Game Kit or FCG-IP to its former licensee or participants.

Affected Users may return to whatever other lawful entitlement remains available to them, which may include Anonymous Mode, an Account, an independently purchased entitlement or another independently authorized Service.

9.58 NO CONTINUING REPRESENTATION AFTER TERMINATION

Immediately following termination or expiration of authorization, a former Game Kit licensee must cease representing that it currently operates or possesses an authorized:

(a) School Kit;
(b) Institution Kit;
(c) Sponsor Kit;
(d) Partner Kit;
(e) Ambassador Kit;
(f) Influencer Kit;
(g) Marketing Kit;
(h) Promotional Kit;
(i) Party Kit; or
(j) other Full Color® Game Kit.

9.59 PAID AND SEPARATELY CONTRACTED GAME KITS

A paid Game Kit or Game Kit governed by a separate written commercial agreement remains subject to these Terms.

However, where the separate written commercial agreement expressly establishes termination rights, notice requirements, cure periods, payment obligations, refunds, wind-down obligations or liability resulting from termination, the separate written commercial agreement controls those matters to the extent of an irreconcilable conflict.

9.60 TERMINATION FOR MATERIAL VIOLATION

Nothing in FCGI's discretionary termination rights limits FCGI's separate right to immediately suspend or terminate a Game Kit for fraud, unlawful activity, security threats, Intellectual Property infringement, privacy violations, unauthorized commercial exploitation, abuse, material breach or another ground expressly provided by these Terms.

9.61 FREE AND NONCOMMERCIAL GAME KITS ARE REVOCABLE LICENSES

Except where FCGI expressly provides otherwise in a separate written agreement, every free, complimentary, noncommercial, promotional, discretionary or otherwise nonpaid Game Kit is provided as a revocable license and privilege.

This includes, as applicable, Party Kit, School Kit, Institution Kit, Ambassador Kit, uncompensated Influencer Kit and any other Game Kit provided without a separately contracted commercial right to continued access.

Approval, activation or use of such a Game Kit does not create any vested, perpetual, irrevocable or ownership right in the Game Kit, the Services, FCG-IP, Promo Codes, administrative functionality, participants, Users, data, goodwill, audience, distribution, future access or continuation of the program.

Except where mandatory applicable law expressly requires otherwise, FCGI may suspend, restrict, modify, deactivate, discontinue, decline to renew or terminate any such Game Kit, in whole or in part, at any time, with or without cause, with or without advance notice and without any obligation to provide compensation, reimbursement, replacement access or another Game Kit.

No investment of time, effort, money, resources, promotion, goodwill, audience development, participant recruitment, teaching, distribution of Promo Codes, introduction of Users, generation of downloads, generation of Accounts, prior participation, duration of participation or reliance upon continued availability converts a free or nonpaid Game Kit into a vested or irrevocable right.

9.62 NO COMPENSATION UPON TERMINATION OF FREE OR NONPAID GAME KIT

To the fullest extent permitted by applicable law, suspension, restriction, modification, expiration, nonrenewal, discontinuation or termination of a free, complimentary, promotional, discretionary or otherwise nonpaid Game Kit does not entitle the applicant, licensee, administrator, Host, Ambassador, Influencer, school, institution, participant or other person to:

(a) compensation;
(b) reimbursement;
(c) restitution for the asserted value of Game Kit access;
(d) lost profits;
(e) lost revenue;
(f) lost opportunity;
(g) lost goodwill;
(h) reliance expenditures;
(i) anticipated benefits;
(j) payment for time, effort or resources devoted to the Game Kit;
(k) payment for Users, participants, downloads, Accounts, subscriptions or purchases introduced or generated;
(l) compensation for promotional exposure or publicity allegedly provided to FCGI; or
(m) other monetary recovery arising solely from FCGI's valid exercise of its rights concerning the free or nonpaid Game Kit.

Nothing in this Section eliminates liability or a remedy that applicable law prohibits FCGI from excluding.

9.63 COMMERCIAL AND SEPARATELY CONTRACTED GAME KITS

Sections 9.61 and 9.62 do not override an express contractual right contained in a separately executed or otherwise validly accepted written commercial agreement governing a paid or otherwise separately contracted Game Kit relationship.

Sponsor Kit, paid Partner Kit, compensated Influencer Kit, paid commercial Game Kit relationships and other commercial relationships may be governed by a separate written agreement supplementing these Terms, applicable Supplemental Terms and the Privacy Policy.

Where such a separate written commercial agreement expressly establishes a term, payment obligation, termination right, notice requirement, cure period, refund right, wind-down obligation, compensation right or remedy inconsistent with Sections 9.61 or 9.62, the separate written commercial agreement controls that specific commercial matter to the extent of the irreconcilable conflict.

Except to the extent expressly provided by that separate written agreement, these Terms remain applicable to the commercial relationship.

9.64 SURVIVAL

Suspension, expiration, discontinuation or termination of a Game Kit does not terminate provisions that by their nature survive, including provisions concerning:

(a) Intellectual Property ownership;
(b) confidentiality;
(c) Restricted-Use Information;
(d) accrued payment obligations;
(e) indemnification where applicable;
(f) limitations of liability;
(g) dispute resolution;
(h) enforcement;
(i) remedies;
(j) preservation of evidence; and
(k) obligations arising from conduct occurring before termination.

10. PARTY KIT

10.1 PURPOSE

Party Kit is intended to encourage private, noncommercial and not-for-profit social gameplay among families, friends and other invited participants.

Party Kit may be used to organize activities such as:

(a) Game Day;
(b) Game Night;
(c) Game Event;
(d) family gameplay;
(e) friend-group gameplay;
(f) private social competition; or
(g) another noncommercial activity approved by FCGI.

10.2 PARTY KIT HOST

An approved individual who obtains and administers a Party Kit may be referred to as the “Party Kit Host.”

The Party Kit Host acts as the organizer of the private activity.

The Party Kit Host does not become an employee, agent, partner, representative or franchisee of FCGI.

10.3 MINIMUM PARTICIPATION

A Party Kit is intended for a minimum group of four participants, including the Party Kit Host.

FCGI may modify eligibility requirements prospectively.

10.4 NO FIXED MAXIMUM

FCGI does not presently establish a universal maximum number of Party Kit participants.

FCGI may establish reasonable technical, security, anti-abuse or program limits where necessary.

10.5 NONCOMMERCIAL USE ONLY

Party Kit is not a commercial license.

A Party Kit Host may not charge Users for:

(a) access to the Party Kit;
(b) use of the Promo Code;
(c) access to Sponsor-funded or FCGI-funded gameplay;
(d) participation in the Party Kit event; or
(e) access to Full Color® Games provided through the Party Kit.

10.6 NO BUSINESS USE

A business may not use Party Kit as a substitute for Sponsor Kit, Partner Kit or another appropriate commercial Game Kit.

Commercial promotion through Party Kit is prohibited unless FCGI expressly authorizes it under a different applicable license.

10.7 NO RESALE

A Party Kit Host may not sell or resell:

(a) Party Kit access;
(b) Promo Codes;
(c) gameplay entitlements;
(d) Full Color® Content;
(e) Game Kit administrative access; or
(f) other rights provided through Party Kit.

10.8 PARTY KIT PROMO CODES

FCGI may provide an approved Party Kit Host with one or more Promo Codes or other invitation mechanisms.

The Party Kit Host may distribute those Promo Codes only for the authorized Home Kit purpose.

10.9 INVITED PARTICIPANTS

Party Kit participants remain individually subject to these Terms.

A Party Kit Host cannot waive these Terms on behalf of participants.

10.10 PARTY KIT PRIZES

A Party Kit Host may offer lawful incidental prizes or similar benefits where permitted by applicable law.

Such prizes must not transform the Party Kit into:

(a) gambling;
(b) wagering;
(c) an unlawful lottery;
(d) an unlawful sweepstakes;
(e) an unlawful commercial promotion; or
(f) another regulated activity for which required authorization has not been obtained.

10.11 HOST RESPONSIBILITY FOR PRIZES

The Party Kit Host is solely responsible for any prize independently supplied by the Host, including its:

(a) legality;
(b) description;
(c) eligibility requirements;
(d) delivery;
(e) taxes;
(f) regulatory compliance; and
(g) related claims.

FCGI does not sponsor or guarantee a Host-provided prize merely because the prize is associated with gameplay using a Party Kit.

10.12 NO CASH GAMING

Party Kit does not authorize real-money wagering or gambling.

A Party Kit Host may not require a wager, stake, entry fee or other payment for the opportunity to win money or another prize through gameplay unless FCGI has separately authorized the activity under an applicable future program and all legal requirements have been satisfied.

10.13 NO FALSE SPONSORSHIP

A Party Kit Host may identify the event as using Full Color® Solitaire where permitted by these Terms.

The Host may not falsely state that FCGI sponsors, endorses, operates or guarantees the Host's private event unless FCGI has expressly agreed to do so.

10.14 PARTY KIT TERMINATION

FCGI may suspend or terminate a Party Kit that is used:

(a) commercially;
(b) fraudulently;
(c) unlawfully;
(d) to circumvent Game Kit requirements;
(e) to traffic Promo Codes;
(f) to conduct unauthorized wagering;
(g) to infringe Intellectual Property; or
(h) otherwise in material violation of these Terms.

11. SCHOOL KIT

11.1 PURPOSE

School Kit is an educational Game Kit intended to permit eligible educators and educational organizations to use Full Color® Solitaire, Full Color® Cards and Full Color® Games as gameplay-based educational tools.

11.2 ELIGIBLE EDUCATIONAL USERS

Subject to FCGI approval, School Kit may be available to:

(a) public schools;
(b) private schools;
(c) universities;
(d) colleges;
(e) homeschool organizations;
(f) individual teachers;
(g) tutors;
(h) nonprofit educational organizations;
(i) libraries; and
(j) other educational users approved by FCGI.

11.3 CURRENT FREE AVAILABILITY

FCGI currently intends to make eligible School Kit access available without charge.

This does not create a perpetual contractual obligation to provide School Kit without charge.

FCGI may change pricing or program structure prospectively subject to applicable law and applicable notice requirements.

11.4 EDUCATIONAL FUNCTIONALITY

School Kit may provide functionality allowing authorized educators to:

(a) create educational gameplay sessions;
(b) select Games;
(c) select card sets;
(d) select levels;
(e) select Game seeds;
(f) create practice sessions;
(g) create homework;
(h) create assignments;
(i) create quizzes or tests;
(j) organize Competitions;
(k) monitor gameplay;
(l) compare performance;
(m) review History;
(n) review statistics;
(o) review analytics;
(p) create reports;
(q) create educational evaluations;
(r) recognize achievements;
(s) issue certificates;
(t) save preferred educational configurations;
(u) display authorized gameplay to a class; or
(v) use other School Kit functionality provided by FCGI.

11.5 EDUCATIONAL CONTROL

The educator determines whether and how School Kit is appropriate for the educator's curriculum, classroom and students.

FCGI provides the gameplay and related tools.

FCGI does not control the educator's curriculum merely because School Kit is used as part of that curriculum.

11.6 NO ACCREDITATION

FCGI is not, merely by providing School Kit:

(a) an accredited school;
(b) an accredited university;
(c) an accrediting organization;
(d) a governmental educational authority;
(e) a professional educational assessment organization;
(f) a licensed teacher;
(g) a school district; or
(h) an independent grading authority.

11.7 NO REPRESENTATION OF EDUCATIONAL ACCREDITATION

FCGI does not represent that:

(a) playing a Game satisfies any particular educational standard;
(b) a School Kit score constitutes an accredited grade;
(c) a Game result establishes intelligence;
(d) a Game result establishes a medical or psychological condition;
(e) School Kit replaces professional educational assessment; or
(f) School Kit is legally suitable for every school or jurisdiction.

11.8 EDUCATOR RESPONSIBILITY

Educators and educational organizations are responsible for determining whether their use of School Kit complies with:

(a) applicable educational law;
(b) student privacy requirements;
(c) parental-consent requirements;
(d) school policy;
(e) district policy;
(f) curriculum requirements;
(g) accessibility requirements; and
(h) other requirements applicable to their institution.

11.9 STUDENT INFORMATION

School Kit may process gameplay and educational information necessary to provide its authorized functionality.

This may include:

(a) scores;
(b) Game history;
(c) play time;
(d) statistics;
(e) rankings;
(f) assignments;
(g) test results;
(h) progress information;
(i) analytics; and
(j) other Game-related educational information.

FCGI's handling of Personal Data is governed by the Privacy Policy and applicable law.

11.10 SCHOOL KIT PRIVACY CONTROLS

FCGI may implement School Kit-specific privacy controls.

Such controls may include masking, suppressing or restricting email addresses or other information within School Kit administrative interfaces.

A field available in another Game Kit does not necessarily appear in School Kit.

11.11 NO COMMERCIAL SPONSOR BRANDING TO CHILDREN THROUGH SCHOOL KIT

School Kit shall not be used as a mechanism for delivering commercial Sponsor branding to children.

A Sponsor may not obtain access to School Kit merely to place advertising, promotional backgrounds or commercial marketing before students.

11.12 NO SPONSORED SCHOOL KIT

School Kit is not a Sponsor Kit.

A school, teacher or other person may not convert School Kit into a sponsored commercial advertising program by agreement with a third party without express FCGI authorization under a separately approved legal and program structure.

11.13 SCHOOL KIT BACKGROUNDS

FCGI may permit an authorized school or educator to create or select School Kit backgrounds appropriate to the educational environment.

School Kit backgrounds remain subject to these Terms.

11.14 PROHIBITED SCHOOL KIT CONTENT

School Kit Content may not contain:

(a) commercial advertising directed to children;
(b) unlawful material;
(c) pornography;
(d) sexually explicit material;
(e) unlawful drug promotion;
(f) tobacco or nicotine promotion;
(g) alcohol promotion;
(h) hate or extremist promotional material;
(i) illegal gambling promotion;
(j) malware;
(k) fraudulent material;
(l) counterfeit product promotion; or
(m) other material prohibited by these Terms.

11.15 SCHOOL KIT REPORTS

FCGI may provide tools that generate reports, charts, analytics, progress information, comparative information or other educationally useful outputs.

Such outputs are tools for the authorized educator.

The educator remains responsible for determining what weight, if any, to give those outputs in grading, instruction or educational decision-making.

11.16 EXPORTS

Where export functionality is available, an authorized school or educator may export School Kit information for the school's or educator's lawful educational use.

Export does not authorize unlawful disclosure of student information.

11.17 COMPARATIVE EDUCATIONAL INFORMATION

Schools may use appropriately aggregated, deidentified or otherwise lawfully shareable information to compare educational methods, curriculum effectiveness, class performance or similarly situated educational programs.

No provision authorizes a school to disclose identifiable student information to another school or another person where such disclosure would violate applicable law, applicable authorization or school policy.

11.18 EDUCATIONAL COMPARISONS

School Kit may permit authorized comparison of performance among:

(a) students;
(b) classes;
(c) grades;
(d) schools;
(e) educational programs;
(f) similarly situated educational groups; or
(g) other authorized categories.

Comparative functionality remains subject to applicable privacy controls.

11.19 LIVE CLASSROOM DISPLAY

School Kit may permit gameplay, scores, Competition results or other authorized information to be displayed on a classroom television, monitor, projector or similar educational display.

The educator is responsible for determining whether displaying identifiable student information is appropriate and lawful in the applicable educational environment.

11.20 SCHOOL KIT COMPETITIONS

An authorized educator may use School Kit to conduct skill-based classroom or educational Competitions where permitted by applicable law and school policy.

School Kit does not authorize gambling, wagering, lotteries or unlawful sweepstakes.

11.21 SCHOOL KIT AWARDS

An educator or school may provide lawful educational recognition or awards associated with School Kit activity.

Such recognition may include:

(a) certificates;
(b) achievement awards;
(c) classroom recognition;
(d) school recognition;
(e) lawful incidental prizes; or
(f) other educational benefits permitted by applicable law and school policy.

11.22 SCHOOL RESPONSIBILITY FOR INDEPENDENT AWARDS

A school or educator independently providing an award is responsible for:

(a) the legality of the award;
(b) eligibility requirements;
(c) school authorization;
(d) parental authorization where required;
(e) delivery;
(f) tax consequences where applicable; and
(g) compliance with applicable policies and law.

11.23 SCHOOL KIT COMMUNICATIONS

School Kit may permit authorized educators to send or initiate communications through FCGI-provided functionality.

Such communications may include:

(a) assignments;
(b) Game selections;
(c) Game seeds;
(d) practice sessions;
(e) homework;
(f) tests;
(g) Competition invitations;
(h) reminders;
(i) educational instructions; or
(j) other authorized School Kit communications.

11.24 SCHOOL KIT COMMUNICATION LIMITATIONS

School Kit communication functionality may not be used for:

(a) unauthorized commercial advertising;
(b) unlawful solicitation;
(c) harassment;
(d) inappropriate communications with minors;
(e) distribution of unlawful Content;
(f) circumvention of school communication policies; or
(g) another purpose materially inconsistent with the educational nature of School Kit.

11.25 SCHOOL KIT ADMINISTRATIVE RESPONSIBILITY

A school or educational organization is responsible for controlling its own authorized School Kit administrators.

FCGI may restrict or remove administrative access where an administrator materially violates these Terms or no longer possesses appropriate authority.

11.26 SCHOOL KIT CUSTOMIZATION

FCGI may permit schools or educators to request customization of School Kit functionality.

FCGI may accept or reject customization requests in its discretion.

Unless a separate written agreement expressly provides otherwise, a request, suggestion, idea or recommendation concerning School Kit does not transfer ownership of preexisting FCG-IP to the requesting party.

11.27 FCGI DEVELOPMENT

FCGI may independently develop, modify or improve School Kit based upon:

(a) User feedback;
(b) educator feedback;
(c) observed usage;
(d) technical development;
(e) educational needs;
(f) legal requirements; or
(g) FCGI's independent research and development.

Rights concerning Feedback are addressed elsewhere in these Terms.

11.28 SCHOOL KIT AVAILABILITY

FCGI may modify, suspend or discontinue School Kit functionality prospectively.

FCGI may also modify School Kit to address changes in educational, privacy, child-protection or other applicable laws.

11.29 SCHOOL KIT TERMINATION FOR MISUSE

FCGI may suspend or terminate School Kit access for material misuse, including:

(a) commercial advertising directed to children;
(b) unauthorized disclosure of protected student information through FCGI systems;
(c) unauthorized access to student information;
(d) fraud;
(e) impersonation of a school or educator;
(f) cheating or manipulation of Competition results;
(g) Intellectual Property infringement;
(h) security violations;
(i) unlawful activity; or
(j) other material violations of these Terms.

11.30 NO LOSS OF STUDENT OWNERSHIP RIGHTS

School Kit participation does not transfer ownership of a student's independently owned User Content to a school, teacher or FCGI except for the limited licenses expressly provided by these Terms or otherwise authorized by applicable law.

11.31 SCHOOL KIT DOES NOT ALTER SCHOOL LEGAL DUTIES

FCGI's provision of technical functionality does not assume legal duties that applicable law independently places upon a school, district, teacher, parent, guardian or educational authority.

Each party remains responsible for its own legal obligations.

11.32 FERPA AND COPPA SCHOOL KIT FRAMEWORK

School Kit is intended to support use by educational agencies, educational institutions, schools, school districts, educators, parents and students in compliance with applicable student-privacy and children's-privacy laws.

Where applicable to a particular School Kit deployment, those laws may include the Family Educational Rights and Privacy Act (“FERPA”), the Children's Online Privacy Protection Act and Rule (“COPPA”), applicable state student-privacy laws and other applicable educational privacy requirements.

Nothing in these Terms transfers to a school an obligation that applicable law independently imposes upon FCGI as an operator of the Services.

11.33 FERPA SCHOOL-OFFICIAL RELATIONSHIP

Where an educational agency or institution discloses personally identifiable information from education records to FCGI pursuant to FERPA's school-official exception, FCGI will act with respect to that information within the requirements applicable to the outsourced institutional service or function for which the information was disclosed.

Where required for reliance upon that exception, FCGI will:

(a) perform the institutional service or function authorized by the educational agency or institution;
(b) remain under the direct control of the educational agency or institution with respect to the use and maintenance of the applicable personally identifiable information from education records;
(c) use such information only for the purposes for which the disclosure was made;
(d) not redisclose such information except as authorized by FERPA, the educational agency or institution, the applicable agreement or other applicable law; and
(e) comply with other FERPA requirements applicable to FCGI's role in the particular School Kit deployment.

11.34 SCHOOL CONTROL DOES NOT TRANSFER FCGI INTELLECTUAL PROPERTY OR PRODUCT CONTROL

The direct control applicable to FERPA-protected information concerns the use and maintenance of the applicable personally identifiable information from education records.

It does not transfer to a school ownership or control of:

(a) FCGI;
(b) Full Color® Solitaire;
(c) Full Color® Games;
(d) Full Color® Cards;
(e) the Full Color® Gaming System;
(f) FCG-IP;
(g) software;
(h) source code;
(i) Game Kit technology;
(j) product development;
(k) general Service architecture; or
(l) other FCGI property or operations unrelated to the school's legally required control over the applicable education-record information.

11.35 LEGITIMATE EDUCATIONAL PURPOSE

FCGI will use FERPA-protected personally identifiable information received under the school-official exception only for the authorized educational or institutional purposes for which the information was disclosed and other uses permitted by applicable law.

FCGI will not use FERPA-protected personally identifiable information received under the school-official exception for an unrelated commercial purpose prohibited by FERPA.

11.36 REDISCLOSURE

FCGI will not redisclose personally identifiable information from education records received under the FERPA school-official exception except:

(a) as directed or authorized by the educational agency or institution;
(b) as necessary through an authorized service provider where the disclosure and use are legally permitted;
(c) as otherwise permitted by FERPA or other applicable law; or
(d) as legally required.

Any authorized service provider receiving such information must be subject to appropriate restrictions applicable to its role.

11.37 SCHOOL AND STUDENT ACCESS

Where FCGI maintains education records or personally identifiable information from education records on behalf of an educational agency or institution, FCGI will reasonably assist the educational agency or institution in responding to lawful requests for access, review, correction or other rights applicable under FERPA.

Unless applicable law requires otherwise, FCGI may route parent, eligible-student or other requests concerning school-controlled education records through the applicable educational agency or institution so that the institution can verify identity, authority and the applicable educational record.

11.38 RETURN, DELETION AND RETENTION

FERPA-protected personally identifiable information maintained on behalf of an educational agency or institution will be retained only as permitted by applicable law and the applicable School Kit or institutional agreement.

Where FERPA, applicable student-privacy law or an applicable school agreement requires return or destruction of such information when it is no longer needed for the authorized educational purpose, that requirement controls over any more general provision of these Terms permitting historical retention.

Nothing in these Terms authorizes FCGI to retain FERPA-protected personally identifiable information contrary to a legally applicable destruction requirement.

11.39 DEIDENTIFIED AND AGGREGATED INFORMATION

Nothing in this Section prohibits FCGI from using information that has been deidentified or aggregated in a manner permitted by FERPA and other applicable law.

Any such use remains subject to the Privacy Policy, applicable law and any applicable school agreement.

11.40 COPPA AND SCHOOL AUTHORIZATION

Where COPPA applies to a child's use of School Kit, FCGI will comply with the obligations COPPA imposes upon FCGI as the operator of the applicable online service.

FCGI will not represent that a school assumes FCGI's independent COPPA compliance obligations.

11.41 SCHOOL AUTHORIZATION UNDER COPPA

Where permitted by COPPA, FCGI may rely upon authorization provided by an educational institution acting on behalf of parents for collection of children's Personal Information through School Kit when:

(a) the collection occurs within the educational context;
(b) the collection is for the use and benefit of the school;
(c) the information is used for the school-authorized educational purpose;
(d) the information is not used for an unrelated commercial purpose prohibited under COPPA; and
(e) the other requirements applicable to reliance upon school authorization are satisfied.

11.42 COPPA NOTICE TO SCHOOL

Where FCGI relies upon school authorization under COPPA, FCGI will provide the school with the notice concerning FCGI's applicable collection, use and disclosure practices required by COPPA.

11.43 SCHOOL REVIEW AND DELETION RIGHTS UNDER COPPA

Where required for reliance upon school authorization under COPPA, FCGI will provide the applicable school with legally required means to:

(a) obtain a description of the types of Personal Information collected from participating children;
(b) review applicable Personal Information;
(c) request deletion of applicable Personal Information; and
(d) prevent further use or online collection of applicable Personal Information,

subject to applicable law and reasonable identity and authority verification.

11.44 NO SCHOOL KIT COMMERCIAL USE OF CHILDREN'S PERSONAL INFORMATION

Personal Information collected from a child through School Kit pursuant to school authorization under COPPA will not be used or disclosed by FCGI for an unrelated commercial purpose for which the school's authorization cannot legally substitute for parental consent.

School Kit information will not be used to deliver commercial Sponsor advertising to children.

11.45 NO SPONSOR KIT CROSSOVER

School Kit is segregated from Sponsor Kit for purposes of commercial sponsorship directed to students.

A Sponsor may not obtain children's School Kit Personal Information, place Sponsor advertising into School Kit or use School Kit student information for advertising, behavioral profiling or unrelated commercial marketing merely because the Sponsor participates elsewhere in the Full Color® Ecosystem.

11.46 SEPARATE PARENTAL CONSENT WHERE REQUIRED

Where a proposed collection, use or disclosure involving a child requires verifiable parental consent and school authorization cannot lawfully provide that consent, FCGI will obtain the consent required by COPPA before undertaking that activity.

11.47 SCHOOL AUTHORITY VERIFICATION

FCGI may use reasonable measures to verify that a person purporting to authorize School Kit on behalf of a school possesses appropriate school or institutional authority.

FCGI is not required to treat an assertion by a child or other unauthorized person that the person is a teacher, administrator or school official as valid school authorization.

11.48 DATA MINIMIZATION AND SECURITY

FCGI will collect, use, retain and protect student and children's Personal Information in accordance with the Privacy Policy and applicable law.

FCGI will maintain reasonable safeguards appropriate to the nature and sensitivity of the Personal Information processed through School Kit.

11.49 SCHOOL KIT SUPPLEMENTAL AGREEMENTS

FCGI may require or offer a school, school district, educational agency, institution or other educational organization to enter into a School & Institutional Data Protection and FERPA Addendum, data-processing agreement or other Supplemental Terms.

Such an agreement may address:

(a) FERPA direct control;
(b) permitted educational purposes;
(c) access controls;
(d) redisclosure;
(e) subprocessors and service providers;
(f) security safeguards;
(g) security-incident procedures;
(h) return or deletion;
(i) deidentification;
(j) school termination;
(k) parent and eligible-student requests;
(l) COPPA interaction;
(m) state student-privacy laws; and
(n) other institution-specific requirements.

11.50 ORDER OF PRECEDENCE FOR PROTECTED SCHOOL DATA

Where an applicable School & Institutional Data Protection and FERPA Addendum or other written school agreement imposes a more specific requirement concerning FERPA-protected personally identifiable information or children's Personal Information, that specific requirement controls over a conflicting general provision of these Terms concerning that protected information.

11.51 LIMITED FERPA OVERRIDE OF UNILATERAL AMENDMENT RIGHTS

Notwithstanding Section 51, FCGI will not rely upon a unilateral amendment to these general Terms to eliminate or materially diminish a school's legally required direct control over the use and maintenance of FERPA-protected personally identifiable information already entrusted to FCGI.

Where applicable FERPA requirements, state student-privacy law or an applicable school agreement requires notice, documentation, consent or another procedure for a material change affecting such protected information, FCGI will follow that requirement.

This Section does not otherwise limit FCGI's rights under Section 51 concerning product design, functionality, pricing, free Game Kit availability, Intellectual Property, general operations or matters unrelated to legally protected school information.

11.52 NO COMMERCIAL RIGHTS CREATED BY FERPA OR COPPA COMPLIANCE

Compliance with FERPA, COPPA or another student-privacy law does not transfer ownership of FCGI technology, FCG-IP, Game Kit functionality or other Full Color® property to a school, parent, student or governmental entity.

Nothing in this Section enlarges a school's Game Kit license beyond the rights otherwise granted under these Terms or an applicable written agreement.

11.53 OTHER STUDENT-PRIVACY LAWS

Schools and FCGI may be subject to additional federal, state, local or international student-privacy or children's-privacy requirements.

Where such law applies and cannot lawfully be displaced by these Terms, that law controls to the extent required.

12. INSTITUTION KIT

12.1 PURPOSE

Institution Kit is a Game Kit intended to permit eligible institutions and organizations to use designated Full Color® functionality for approved educational, recreational, training, wellness, community, organizational or other lawful purposes.

12.2 ELIGIBLE INSTITUTIONS

Subject to FCGI approval, Institution Kit may be available to organizations including:

(a) universities;
(b) colleges;
(c) libraries;
(d) hospitals;
(e) senior communities;
(f) government organizations;
(g) military organizations;
(h) corporations;
(i) nonprofit organizations;
(j) clubs;
(k) rehabilitation facilities;
(l) community organizations;
(m) educational organizations; and
(n) other institutions approved by FCGI.

12.3 CURRENT FREE AVAILABILITY

FCGI currently intends to make eligible Institution Kit access available without charge.

FCGI may change Institution Kit pricing or program structure prospectively subject to applicable law and applicable notice requirements.

12.4 NO PERPETUAL FREE ENTITLEMENT

Past or present availability of a free Institution Kit does not create a perpetual right to receive Institution Kit without charge.

12.5 APPROVED PURPOSE

An Institution Kit may be used only for the purpose approved by FCGI.

Approval for one institutional purpose does not automatically authorize materially different uses.

12.6 INSTITUTIONAL ADMINISTRATORS

FCGI may permit an approved institution to designate administrators who can configure and administer designated Institution Kit functionality.

The institution is responsible for ensuring that its administrators possess appropriate authority.

12.7 INSTITUTION KIT FUNCTIONALITY

Depending upon the approved program, Institution Kit may provide access to:

(a) Games;
(b) Promo Codes;
(c) group gameplay;
(d) Competitions;
(e) Live Kit;
(f) History Kit;
(g) analytics;
(h) reports;
(i) communication tools;
(j) administrative tools;
(k) custom backgrounds;
(l) group comparisons;
(m) educational tools;
(n) recreational programs; or
(o) other functionality approved by FCGI.

12.8 PRIVACY CONTROLS

Institution Kit data access is permission controlled.

The institution receives only the information and functionality FCGI makes available for the approved Institution Kit.

Institution Kit does not create an unrestricted right to obtain User PII.

12.9 SPECIAL REGULATED ENVIRONMENTS

Certain institutions operate in regulated environments.

An institution is responsible for determining whether its proposed use of Institution Kit is appropriate for its own legal and regulatory obligations.

FCGI may require Supplemental Terms or additional technical safeguards before enabling functionality for a particular regulated use.

12.10 NO MEDICAL USE REPRESENTATION

The Games and Institution Kit are not medical devices merely because a hospital, rehabilitation facility, senior community or other health-related institution uses them.

Unless FCGI expressly identifies a product as legally authorized for a medical purpose, the Services are not represented as providing:

(a) diagnosis;
(b) medical treatment;
(c) medical monitoring;
(d) clinical assessment;
(e) psychological diagnosis;
(f) neurological diagnosis; or
(g) professional medical advice.

12.11 NO REHABILITATION OUTCOME GUARANTEE

FCGI does not guarantee that use of the Games will produce any particular therapeutic, cognitive, rehabilitative, educational or health outcome.

12.12 PROFESSIONAL RESPONSIBILITY

Professionals using Institution Kit remain responsible for their own professional judgments and obligations.

Institution Kit does not replace professional judgment.

12.13 GOVERNMENT AND MILITARY USE

Approval of an Institution Kit for a government or military organization does not constitute acceptance by FCGI of additional government procurement, security, data, contracting or regulatory terms unless FCGI expressly agrees to those terms in writing.

12.14 CORPORATE USE

A corporation may use Institution Kit for an approved internal institutional purpose.

Institution Kit does not automatically authorize the corporation to use Full Color® products for external commercial advertising or sponsorship.

12.15 COMMERCIAL PROMOTION REQUIRES APPROPRIATE GAME KIT

An institution wishing to use Full Color® products for commercial promotion, customer acquisition, advertising, sponsorship or public marketing may be required to obtain Sponsor Kit, Partner Kit or another appropriate commercial license.

12.16 INSTITUTION-PROVIDED CONTENT

An institution that provides logos, backgrounds, images or other Content represents that it possesses the rights necessary to provide and use that Content for the authorized purpose.

12.17 INSTITUTION-PROVIDED REWARDS

Where permitted by FCGI, an institution may provide lawful awards or benefits in connection with authorized Institution Kit activities.

The institution is responsible for the legality, eligibility, fulfillment, taxes and other obligations associated with independently provided awards.

12.18 NO WAGERING

Institution Kit does not authorize gambling or real-money wagering.

12.19 INSTITUTION KIT TERMINATION

FCGI may suspend or terminate Institution Kit for material violations of these Terms, unlawful activity, security threats, fraud, Intellectual Property infringement, unauthorized commercial exploitation or other grounds provided by these Terms.

Paid Institution Kit arrangements are additionally governed by the applicable commercial agreement.

13. SPONSOR KIT

13.1 PURPOSE

Sponsor Kit is a commercial Game Kit through which an approved Sponsor may use designated Full Color® functionality to create an authorized promotional, branding, engagement or customer-participation campaign.

Sponsor Kit is intended to allow Sponsors to introduce Users to Full Color® Solitaire while creating sustained, interactive engagement through gameplay.

13.2 SEPARATE COMMERCIAL APPROVAL

Sponsor Kit requires FCGI approval.

FCGI may require a separate written commercial license, sponsorship agreement, campaign agreement, insertion order, statement of work or other agreement before activating a Sponsor Kit.

No Sponsor Kit applicant acquires commercial rights merely by submitting an application.

13.3 SPONSOR KIT LICENSE

Subject to approval and any applicable separate agreement, FCGI may grant a Sponsor a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to use designated Sponsor Kit functionality for the approved campaign.

13.4 CAMPAIGN PARAMETERS

FCGI may configure or authorize Sponsor Kit parameters including:

(a) campaign duration;
(b) eligible Games;
(c) eligible Game formats;
(d) card sets;
(e) levels;
(f) Promo Codes;
(g) redemption limits;
(h) geographic availability;
(i) eligible Users;
(j) Sponsor backgrounds;
(k) Sponsor Content;
(l) communication functionality;
(m) segmentation functionality;
(n) analytics;
(o) Competitions;
(p) Rewards;
(q) external promotional rights; and
(r) other approved campaign functionality.

13.5 PROMO CODE DISTRIBUTION

An approved Sponsor may distribute an authorized Promo Code through any lawful method permitted by the applicable Sponsor Kit agreement.

Permitted distribution may include physical, electronic, printed, digital, broadcast, online, retail, point-of-sale, product-packaging, direct-response or other approved channels.

13.6 SPONSOR DISTRIBUTION SCALE

FCGI may approve Sponsor Kit campaigns of varying size.

A campaign may involve a small group or a large number of Users.

No Sponsor obtains rights beyond the scope of its approved campaign merely because the campaign achieves substantial distribution or participation.

13.7 SPONSOR-FUNDED ACCESS

Sponsor Kit may permit a Sponsor to provide eligible Users with free access to designated Games or features for an approved period.

The Sponsor's commercial arrangement with FCGI does not transfer ownership of the Games to the Sponsor.

13.8 SPONSOR BACKGROUND

Sponsor Kit may permit an approved Sponsor background to replace the default or User-selected background for Games covered by the applicable promotional entitlement.

The Sponsor background may contain approved Sponsor Content.

13.9 BACKGROUND EXCLUSIVITY DURING PROMOTIONAL PERIOD

Where Sponsor-funded gameplay is conditioned upon the approved Sponsor presentation, the Sponsor background may remain applicable for the duration of the promotional entitlement.

A User's separately acquired custom-background entitlement may resume after the Sponsor promotion ends.

13.10 SPONSOR CONTENT LICENSE TO FCGI

The Sponsor grants FCGI, for the duration and purposes reasonably necessary to administer the approved campaign, a nonexclusive license to host, reproduce, display, transmit, format, adapt for technical presentation and otherwise use Sponsor Content as necessary to provide the Sponsor Kit.

The scope of this license may be further defined by the applicable commercial agreement.

13.11 SPONSOR OWNERSHIP OF SPONSOR CONTENT

As between FCGI and the Sponsor, the Sponsor retains whatever ownership rights the Sponsor lawfully possesses in Sponsor Content.

Providing Sponsor Content does not transfer ownership of that Sponsor Content to FCGI except where a separate written agreement expressly provides otherwise.

13.12 SPONSOR REPRESENTATIONS CONCERNING CONTENT

The Sponsor represents and warrants that it possesses all rights, permissions, licenses and authorizations necessary for FCGI to use the Sponsor Content as contemplated by the approved campaign.

This obligation applies to Sponsor-provided:

(a) logos;
(b) trademarks;
(c) service marks;
(d) trade names;
(e) photographs;
(f) videos;
(g) music;
(h) artwork;
(i) backgrounds;
(j) advertisements;
(k) promotional materials;
(l) messages;
(m) links;
(n) offers;
(o) Reward materials; and
(p) other creative assets.

13.13 NO INFRINGING SPONSOR CONTENT

A Sponsor may not provide Content that infringes or misappropriates another person's:

(a) copyright;
(b) trademark;
(c) trade dress;
(d) patent;
(e) trade secret;
(f) publicity right;
(g) privacy right; or
(h) other legally protected right.

13.14 SPONSOR RESPONSIBILITY FOR CLAIMS

The Sponsor is responsible for claims arising from Sponsor Content, Sponsor offers, Sponsor Rewards, Sponsor advertising or Sponsor conduct to the extent provided by these Terms and the applicable commercial agreement.

13.15 SPONSOR INDEMNIFICATION

To the fullest extent permitted by applicable law and subject to any applicable commercial agreement, an approved Sponsor shall defend, indemnify and hold harmless FCGI and its applicable officers, directors, employees, agents, licensors and representatives from third-party claims, damages, liabilities, judgments, settlements, penalties, costs and reasonable attorneys' fees arising from or relating to:

(a) Sponsor Content;
(b) the Sponsor's infringement or misappropriation of third-party rights;
(c) the Sponsor's campaign representations;
(d) Sponsor-provided Rewards;
(e) the Sponsor's violation of applicable law;
(f) the Sponsor's independent collection or use of Personal Data;
(g) the Sponsor's products or services;
(h) the Sponsor's external websites or applications;
(i) the Sponsor's unauthorized modification or misuse of the Game Kit; or
(j) the Sponsor's material breach of its representations, warranties or obligations.

13.16 FCGI BRAND CONTROL

FCGI retains the right to protect the quality, integrity, goodwill and reputation associated with Full Color® products.

Sponsor Kit approval does not permit the Sponsor to modify, distort, obscure, misrepresent or misuse Full Color® trademarks or other FCG-IP.

13.17 SPONSOR USE OF FULL COLOR® MARKS

An approved Sponsor may use designated Full Color® trademarks solely within the scope of its approved campaign and applicable brand requirements.

No Sponsor obtains ownership of a Full Color® trademark through such use.

13.18 GOODWILL

To the extent provided by applicable trademark law, goodwill arising from an authorized Sponsor's use of a Full Color® trademark inures to the benefit of the applicable Full Color® trademark rights holder.

13.19 NO TRADEMARK REGISTRATION

A Sponsor may not register or attempt to register:

(a) a Full Color® trademark;
(b) a confusingly similar trademark;
(c) a domain name falsely implying ownership of a Full Color® brand;
(d) a social-media identifier falsely implying official Full Color® status;
(e) an app name falsely implying ownership or authorization; or
(f) another source identifier that materially infringes applicable Full Color® trademark rights.

13.20 SPONSOR ADMINISTRATION

FCGI may permit an approved Sponsor to administer designated aspects of its Sponsor Kit through an FCGI-provided dashboard or other authorized interface.

Administrative permissions are limited to the functionality provided.

13.21 SPONSOR COMMUNICATIONS

Where authorized, a Sponsor may create, select, schedule or initiate communications to eligible campaign participants through Sponsor Kit functionality.

Such communications are transmitted through infrastructure controlled or authorized by FCGI and its applicable service providers.

13.22 SPONSOR COMMUNICATION COMPLIANCE

A Sponsor must ensure that communications it creates or initiates comply with:

(a) applicable advertising law;
(b) applicable consumer-protection law;
(c) applicable communications law;
(d) applicable promotional law;
(e) applicable age restrictions;
(f) these Terms;
(g) the approved campaign; and
(h) the applicable commercial agreement.

13.23 NO UNAUTHORIZED DIRECT MARKETING DATABASE

Sponsor Kit does not give a Sponsor the right to extract FCGI User information to construct an independent direct-marketing database.

Any separate collection or transfer of User information requires an appropriate legal basis, applicable disclosures, permissions and FCGI authorization.

13.24 SPONSOR ANALYTICS

FCGI may provide a Sponsor with campaign analytics.

Such analytics may include:

(a) Promo Code redemptions;
(b) aggregate gameplay;
(c) engagement duration;
(d) Games played;
(e) aggregate performance;
(f) campaign activity;
(g) geographic or demographic segments where lawfully available in the approved form;
(h) conversion information;
(i) aggregate participation trends; or
(j) other approved analytics.

13.25 NO PII BY DEFAULT

Sponsor Kit does not provide individual User PII to the Sponsor by default.

FCGI may provide aggregated, deidentified or otherwise appropriately limited analytics consistent with the Privacy Policy and applicable law.

13.26 FUTURE PII-ENABLED CAMPAIGNS

FCGI may develop campaigns in which a User expressly elects to provide additional information or permits additional information sharing.

Any such campaign will be subject to the disclosures, consent, Supplemental Terms, Privacy Policy provisions and legal requirements applicable to that campaign.

13.27 SPONSOR EXTERNAL DATA COLLECTION

A Sponsor may collect information directly from a User through the Sponsor's own external website, application or service where lawful.

The Sponsor is independently responsible for its external collection practices.

A link from Sponsor Kit to a Sponsor service does not convert the Sponsor's external service into an FCGI-controlled service.

13.28 FCGI API INTEGRATION

Where separately approved, FCGI may provide an API or other technical integration connecting Sponsor Kit with authorized Sponsor systems.

Such integrations require express FCGI approval and may require a separate technical, privacy, data-processing or commercial agreement.

13.29 NO API RIGHTS BY IMPLICATION

Sponsor Kit approval does not itself grant API access.

A Sponsor may not reverse engineer or circumvent Sponsor Kit to obtain functionality or information that FCGI has not expressly provided.

13.30 SPONSOR SEGMENTATION

Where FCGI provides authorized segmentation functionality, a Sponsor may use that functionality only within the parameters provided through Sponsor Kit.

Segmentation may be based upon categories or information that FCGI lawfully makes available for the approved campaign.

The existence of segmentation functionality does not grant the Sponsor ownership of the underlying User information.

13.31 NO REIDENTIFICATION

A Sponsor may not attempt to identify or reidentify an individual User from aggregated, deidentified, pseudonymized or otherwise limited information supplied by FCGI where such identification or reidentification is prohibited by applicable law, the applicable agreement or the conditions under which the information was supplied.

13.32 NO DATA COMBINATION TO DEFEAT PRIVACY CONTROLS

A Sponsor may not combine information obtained through Sponsor Kit with external information for the purpose of defeating FCGI privacy controls or identifying Users whom FCGI has not authorized the Sponsor to identify.

13.33 SPONSOR PROMOTION OF CAMPAIGN

An approved Sponsor may externally promote its authorized Sponsor Kit campaign within the scope of the applicable approval.

Permitted promotion may include authorized references to:

(a) Full Color® Solitaire;
(b) the applicable Promo Code;
(c) free gameplay;
(d) the duration of the campaign;
(e) eligible Games;
(f) authorized Rewards;
(g) authorized skill-based Competitions; and
(h) other approved campaign features.

13.34 ACCURATE CAMPAIGN REPRESENTATIONS

A Sponsor must accurately describe its campaign.

A Sponsor may not materially misrepresent:

(a) the amount of free gameplay;
(b) campaign duration;
(c) Promo Code eligibility;
(d) Reward eligibility;
(e) Reward value;
(f) Competition rules;
(g) the Sponsor's relationship with FCGI;
(h) the Sponsor's access to User information;
(i) the availability of a product or service; or
(j) another material campaign term.

13.35 NO FALSE FCGI ENDORSEMENT

Sponsor Kit approval means that FCGI authorized the applicable Sponsor Kit relationship.

It does not mean that FCGI endorses every product, service, opinion, statement or activity of the Sponsor.

The Sponsor may not represent a broader FCGI endorsement unless expressly authorized in writing.

13.36 PROHIBITED SPONSOR CATEGORIES

FCGI will not knowingly approve Sponsor Kit campaigns principally promoting:

(a) pornography;
(b) sexually explicit products or services;
(c) adult-oriented sexual businesses;
(d) illegal drugs;
(e) unlawful controlled substances;
(f) tobacco;
(g) nicotine products;
(h) weapons;
(i) unlawful gambling;
(j) fraudulent schemes;
(k) scams;
(l) malware;
(m) counterfeit products;
(n) hate organizations;
(o) extremist organizations;
(p) unlawful products or services;
(q) alcohol; or
(r) other products, services or activities that FCGI determines would materially damage the Full Color® brand or place FCGI in material legal or reputational jeopardy.

13.37 POLITICAL AND RELIGIOUS CAMPAIGNS

Political campaigns, political organizations, religious organizations or campaigns principally intended to advocate political candidates, political causes or religious conversion are not authorized merely because Sponsor Kit exists.

FCGI may decline such campaigns or require separate review and written approval.

Nothing in these Terms restricts an ordinary User's lawful personal political or religious expression outside the use of FCGI's commercial sponsorship systems.

13.38 BRAND SAFETY

FCGI may reject, suspend or require modification of Sponsor Content that FCGI reasonably determines:

(a) violates applicable law;
(b) violates these Terms;
(c) infringes third-party rights;
(d) materially misrepresents the Sponsor's campaign;
(e) contains malware or malicious functionality;
(f) is materially deceptive;
(g) is obscene in the context presented;
(h) promotes prohibited products or activities;
(i) creates material brand confusion; or
(j) presents a substantial risk of harm to FCGI, Users or the integrity of the Services.

13.39 INITIAL APPROVAL AND CONTINUING OVERSIGHT

FCGI may review Sponsor Content before initial deployment.

Following approval, the Sponsor may be permitted to administer designated Content without advance review of every subsequent change.

FCGI nevertheless reserves the right to review Sponsor Content and require correction, suspension or removal where the Content violates these Terms, the applicable commercial agreement or applicable law.

13.40 SPONSOR RESPONSIBILITY AFTER INITIAL APPROVAL

FCGI's initial review does not transfer responsibility for Sponsor Content to FCGI.

The Sponsor remains responsible for ensuring that subsequent Content, offers, communications, Rewards and campaign activities comply with applicable law and the applicable agreement.

13.41 SPONSOR PRODUCTS AND SERVICES

FCGI is not the seller, manufacturer, provider or warrantor of a Sponsor's independent products or services merely because those products or services are promoted through an authorized Sponsor Kit.

Claims concerning a Sponsor's independent products or services remain the Sponsor's responsibility except to the extent applicable law provides otherwise.

13.42 SPONSOR CUSTOMER SERVICE

A Sponsor is responsible for customer-service obligations relating specifically to the Sponsor's:

(a) products;
(b) services;
(c) Rewards;
(d) external offers;
(e) external websites;
(f) external applications; and
(g) independent transactions.

FCGI remains responsible for support obligations concerning FCGI Services to the extent applicable.

13.43 NO AUTHORITY TO BIND FCGI

A Sponsor has no authority to:

(a) enter into contracts for FCGI;
(b) incur obligations in FCGI's name;
(c) make warranties on behalf of FCGI;
(d) settle claims for FCGI;
(e) waive FCGI rights;
(f) license FCG-IP beyond the Sponsor's express authorization; or
(g) otherwise bind FCGI.

13.44 INDEPENDENT PARTIES

The Sponsor and FCGI are independent contracting parties unless a separate written agreement expressly establishes another relationship.

Sponsor Kit does not create:

(a) a partnership;
(b) a joint venture;
(c) a fiduciary relationship;
(d) employment;
(e) a franchise;
(f) a general agency relationship; or
(g) another relationship granting authority to bind the other party.

13.45 SPONSOR COMPLIANCE WITH LOCAL LAW

The Sponsor is responsible for determining whether its campaign, distribution methods, communications, Rewards and promotional activities are lawful in every jurisdiction in which the Sponsor elects to operate them.

FCGI approval of technical functionality does not constitute legal advice to the Sponsor.

13.46 TERRITORIAL RESTRICTIONS

FCGI may restrict a Sponsor Kit by country, state, province, territory, region or other geographic area.

A Sponsor may not knowingly circumvent a geographic restriction imposed upon its campaign.

13.47 CAMPAIGN CHANGES

Material changes to an approved Sponsor campaign may require additional FCGI approval.

Such changes may include material modifications to:

(a) territory;
(b) duration;
(c) audience;
(d) Promo Code distribution;
(e) Rewards;
(f) Competition structure;
(g) data practices;
(h) Sponsor Content;
(i) communications; or
(j) other material campaign features.

13.48 MATERIAL DATA-PRACTICE CHANGES

A Sponsor may not use existing Sponsor Kit approval to introduce materially different collection, use, disclosure or sharing of Personal Data without obtaining all additional FCGI approval, disclosures, consents and legal authorization required for the changed practice.

13.49 TERMINATION FOR SPONSOR BREACH

Subject to the applicable commercial agreement, FCGI may suspend or terminate Sponsor Kit for a material breach involving:

(a) fraud;
(b) unlawful activity;
(c) prohibited Sponsor Content;
(d) material Intellectual Property infringement;
(e) material privacy violations;
(f) unauthorized data collection;
(g) unauthorized commercial exploitation of FCG-IP;
(h) unauthorized sublicensing;
(i) material misrepresentation;
(j) material Reward violations;
(k) material Competition violations;
(l) security threats; or
(m) other material violations of the applicable agreement.

13.50 EFFECT OF SPONSOR TERMINATION

Upon termination of Sponsor Kit, subject to the applicable commercial agreement:

(a) Sponsor administrative access may terminate;
(b) Promo Codes may be disabled;
(c) Sponsor backgrounds may be removed;
(d) Sponsor communications may cease;
(e) Sponsor-specific analytics access may terminate;
(f) the Sponsor must cease representing itself as an active authorized Sponsor;
(g) Sponsor rights to use FCG-IP granted solely through Sponsor Kit terminate; and
(h) obligations intended to survive remain effective.

14. PARTNER KIT

14.1 PURPOSE

Partner Kit is an approved Game Kit configuration for organizations or persons entering into an authorized strategic, distribution, media, technology, promotional, commercial or other collaborative relationship with FCGI.

14.2 PARTNER KIT AND SPONSOR KIT

Partner Kit may include functionality similar to Sponsor Kit.

FCGI may determine that a particular commercial relationship should operate through:

(a) Partner Kit;
(b) Sponsor Kit;
(c) both;
(d) another Game Kit; or
(e) a separately configured commercial arrangement.

14.3 SEPARATE AGREEMENT

FCGI may require a separate written agreement before activating Partner Kit.

No applicant obtains partnership, distribution, commercial or licensing rights merely by applying.

14.4 LIMITED PARTNER KIT LICENSE

Unless expressly stated otherwise in a separate written agreement, Partner Kit grants only a limited, revocable, nonexclusive, nontransferable and nonsublicensable license for the approved purpose.

14.5 NO LEGAL PARTNERSHIP

The word “Partner” in Partner Kit describes a program classification.

It does not itself create a partnership under partnership law.

A Partner Kit licensee is not a legal partner, joint venturer, fiduciary or general agent of FCGI merely because it participates in Partner Kit.

14.6 PARTNER CONTENT

Partner-provided Content is subject to the Sponsor Content standards where applicable.

The Partner represents that it possesses the rights necessary for FCGI's authorized use of such Content.

14.7 PARTNER RESPONSIBILITY

A Partner remains responsible for its own:

(a) products;
(b) services;
(c) advertisements;
(d) representations;
(e) Rewards;
(f) external communications;
(g) external websites;
(h) independent data practices; and
(i) legal compliance.

14.8 PARTNER INDEMNIFICATION

To the fullest extent permitted by applicable law and subject to the applicable commercial agreement, a commercial Partner shall defend, indemnify and hold harmless FCGI and its applicable officers, directors, employees, agents, licensors and representatives from third-party claims arising from the Partner's:

(a) Content;
(b) products or services;
(c) infringement of third-party rights;
(d) unlawful advertising;
(e) unlawful Rewards;
(f) independent privacy violations;
(g) material misrepresentations;
(h) unauthorized use of FCG-IP; or
(i) material breach of the applicable agreement.

14.9 NO SUBDISTRIBUTION BY IMPLICATION

Partner Kit does not grant distribution, subdistribution, sublicensing or white-label rights unless expressly provided in writing.

14.10 PARTNER KIT TERMINATION

Partner Kit termination is governed by these Terms and any applicable commercial agreement.

15. Marketing Kit

15.1 PURPOSE

Marketing Kit permits an approved person or organization to conduct designated marketing activities involving Full Color® products.

15.2 APPROVED MARKETING ONLY

Marketing Kit authorizes only the marketing activities expressly approved by FCGI.

It does not grant unrestricted rights to Full Color® Content or FCG-IP.

15.3 MARKETING MATERIALS

FCGI may provide approved marketing assets.

The Marketing Kit licensee may use those assets only:

(a) for the approved campaign;
(b) during the approved period;
(c) in approved territories;
(d) without unauthorized material alteration; and
(e) subject to applicable brand requirements.

15.4 NO CREATION OF IMPLIED OWNERSHIP

Use of Full Color® marketing assets does not transfer ownership or permit the Marketing Kit licensee to register those assets or confusingly similar source identifiers as its own.

15.5 MARKETING REPRESENTATIONS

A Marketing Kit licensee must accurately describe Full Color® products and the approved campaign.

It may not knowingly make materially false or misleading claims concerning:

(a) functionality;
(b) pricing;
(c) availability;
(d) Game outcomes;
(e) Rewards;
(f) sponsorship;
(g) licensing;
(h) User data; or
(i) its relationship with FCGI.

15.6 MARKETING COMPLIANCE

Marketing activities must comply with applicable advertising, endorsement, consumer-protection and communications laws.

15.7 ENDORSEMENT DISCLOSURES

Where applicable law requires disclosure of a material connection between FCGI and a person promoting Full Color® products, the Marketing Kit participant must make the required disclosure clearly and conspicuously.

15.8 NO COMPENSATION BY IMPLICATION

Marketing Kit approval does not create a right to payment.

Any compensation requires a separate written agreement.

16. Promotional Kit

16.1 PURPOSE

Promotional Kit permits an approved person or organization to conduct designated promotional activities involving Full Color® products.

16.2 PROMOTIONAL RIGHTS

Promotional Kit may include authorized:

(a) Promo Codes;
(b) free gameplay;
(c) branded Content;
(d) promotional communications;
(e) Rewards;
(f) skill-based Competitions; or
(g) other approved promotional functionality.

16.3 REGULATED PROMOTIONS

Promotional Kit does not itself authorize any activity regulated as:

(a) a lottery;
(b) gambling;
(c) wagering;
(d) a sweepstakes;
(e) a raffle;
(f) a contest requiring registration or governmental approval; or
(g) another specially regulated promotion.

Any such activity requires separate FCGI authorization and compliance with applicable law.

16.4 PROMOTER RESPONSIBILITY

The approved promoter is responsible for the legality of promotional elements that it supplies or controls.

FCGI's provision of software functionality does not constitute a legal determination that the promoter's proposed activity is lawful.

16.5 PROMOTIONAL RULES

FCGI may require official rules, Supplemental Terms or another separate agreement before enabling Rewards or Competition functionality.

16.6 NO REAL-MONEY GAMING

Promotional Kit does not authorize real-money wagering or gambling.

17. AMBASSADOR KIT

17.1 PURPOSE

Ambassador Kit permits an approved person or organization to introduce, discuss, demonstrate or promote Full Color® products within the scope authorized by FCGI.

17.2 AMBASSADOR STATUS

An Ambassador is an independent participant in the Ambassador Kit program.

An Ambassador is not an employee, legal agent, franchisee, fiduciary or partner of FCGI merely by participating in Ambassador Kit.

17.3 NO AUTHORITY TO BIND FCGI

An Ambassador may not:

(a) contract for FCGI;
(b) make warranties for FCGI;
(c) incur liabilities for FCGI;
(d) grant licenses to FCG-IP;
(e) approve other Game Kits; or
(f) represent that the Ambassador possesses authority not expressly granted.

17.4 NO GUARANTEED COMPENSATION

Ambassador Kit participation does not create a right to compensation.

An Ambassador may participate without receiving any payment, commission, revenue share or other economic benefit from FCGI.

17.5 SEPARATE COMPENSATION AGREEMENT

If FCGI elects to compensate an Ambassador, the compensation arrangement must be expressly established through a separate written agreement or another written compensation program expressly authorized by FCGI.

17.6 AMBASSADOR CONTENT

An Ambassador remains responsible for Content the Ambassador independently creates.

Use of Full Color® trademarks or copyrighted materials must comply with these Terms and the scope of the Ambassador's authorization.

17.7 ENDORSEMENT DISCLOSURE

An Ambassador must disclose any material relationship with FCGI where applicable law requires such disclosure.

18. INFLUENCER KIT

18.1 PURPOSE

Influencer Kit permits an approved influencer, creator, personality, publisher or promoter to promote Full Color® products, distribute authorized Promo Codes or participate in other approved promotional activities.

18.2 INFLUENCER ELIGIBILITY

FCGI may evaluate Influencer Kit applicants according to lawful criteria including:

(a) audience;
(b) engagement;
(c) Content quality;
(d) brand compatibility;
(e) geographic reach;
(f) proposed promotional methods;
(g) fraud risk;
(h) legal compliance; or
(i) other legitimate program considerations.

18.3 NO MINIMUM AUDIENCE GUARANTEE

FCGI is not required to approve an Influencer Kit merely because an applicant possesses a particular number of followers, subscribers, viewers, readers or other audience members.

18.4 NO RIGHT TO REVENUE SHARE

Influencer Kit approval does not create any right to:

(a) revenue share;
(b) commissions;
(c) referral payments;
(d) subscription payments;
(e) download payments;
(f) acquisition payments;
(g) recurring compensation; or
(h) other remuneration.

18.5 FCGI SOLE COMMERCIAL DISCRETION

Subject to applicable law and any existing written agreement, FCGI determines whether it wishes to offer a particular influencer a compensated commercial relationship.

FCGI may approve an Influencer Kit without offering compensation.

18.6 SEPARATE AFFILIATE OR LICENSING AGREEMENT REQUIRED

Any compensated Influencer Kit relationship requires a separate written Affiliate, Licensing, Revenue Share, Compensation or other applicable agreement authorized by FCGI.

The separate agreement must establish the applicable economic terms.

18.7 NO STANDARD REVENUE SHARE

No percentage, commission rate or compensation structure discussed in marketing materials, examples, negotiations or other contexts constitutes a standard guaranteed Influencer Kit rate unless expressly incorporated into the applicable written compensation agreement.

18.8 DOWNLOADS DO NOT CREATE PAYMENT OBLIGATION

An influencer does not acquire a right to compensation merely because the influencer causes or contributes to:

(a) App downloads;
(b) Account registrations;
(c) Promo Code redemptions;
(d) subscriptions;
(e) one-time purchases;
(f) custom-background purchases;
(g) consumable purchases;
(h) User engagement; or
(i) other economic benefit to FCGI.

18.9 VOLUNTARY UNCOMPENSATED PROMOTION

A person may lawfully discuss, recommend or promote Full Color® products without compensation where the person's use of FCG-IP otherwise complies with applicable law and these Terms.

Such voluntary promotion does not create an implied contract for compensation.

18.10 NO QUANTUM MERUIT OR IMPLIED COMMISSION FROM UNAUTHORIZED PROMOTION

To the fullest extent permitted by applicable law, a person who voluntarily promotes Full Color® products without first obtaining a written compensation agreement acknowledges that FCGI has not requested or promised payment merely because FCGI may receive an incidental benefit from that promotion.

Nothing in this Section eliminates a payment obligation expressly created by law or an authorized written agreement.

18.11 INFLUENCER PROMO CODES

FCGI may provide an approved influencer with one or more Promo Codes.

Promo Codes may be used to identify or administer the influencer's approved campaign.

Possession of an Influencer Promo Code does not itself establish a compensation arrangement.

18.12 ATTRIBUTION AND TRACKING

FCGI may use Promo Codes, links or other technical methods to measure campaign activity.

Tracking data does not establish a right to payment unless the applicable written compensation agreement expressly provides for compensation based upon that tracking.

18.13 INFLUENCER CONTENT

An influencer remains responsible for Content independently created or published by the influencer.

Influencer Content must comply with:

(a) applicable law;
(b) applicable advertising requirements;
(c) applicable endorsement-disclosure requirements;
(d) these Terms;
(e) applicable Supplemental Terms; and
(f) any separate Influencer Kit agreement.

18.14 NO FALSE CLAIMS

An influencer may not knowingly make materially false or misleading claims concerning:

(a) Full Color® products;
(b) Game functionality;
(c) pricing;
(d) free gameplay;
(e) Promo Codes;
(f) Rewards;
(g) Competitions;
(h) the influencer's relationship with FCGI;
(i) compensation;
(j) FCGI's collection or disclosure of User information; or
(k) another material aspect of the applicable campaign.

18.15 USE OF FULL COLOR® CONTENT

An approved influencer may use designated Full Color® Content within the scope authorized by FCGI.

Influencer Kit does not grant unrestricted rights to reproduce, modify, distribute, sublicense or commercially exploit FCG-IP outside the approved campaign.

18.16 TERMINATION

FCGI may suspend or terminate Influencer Kit for material violations of these Terms or the applicable Influencer Kit agreement.

Termination of Influencer Kit does not eliminate accrued payment obligations expressly established under an applicable written compensation agreement.

19. REWARDS AND THIRD-PARTY BENEFITS

19.1 REWARDS MAY BE OFFERED

FCGI may permit Rewards to be offered in connection with an approved Game Kit, Competition, promotional campaign or other authorized program.

A Reward may be supplied by:

(a) FCGI;
(b) a Sponsor;
(c) a school;
(d) an institution;
(e) an approved Game Kit licensee; or
(f) another authorized provider.

19.2 POSSIBLE REWARDS

Subject to applicable law and FCGI approval, Rewards may include:

(a) merchandise;
(b) products;
(c) services;
(d) discounts;
(e) coupons;
(f) promotional codes;
(g) gift cards;
(h) event tickets;
(i) travel;
(j) airline transportation;
(k) hotel accommodations;
(l) scholarships;
(m) cash where expressly approved and lawful;
(n) certificates;
(o) recognition;
(p) experiences; or
(q) other lawful benefits.

19.3 NO AUTOMATIC AUTHORIZATION

The existence of Reward functionality does not authorize every possible Reward.

A Game Kit licensee must obtain any FCGI approval required for the applicable Reward program.

19.4 SEPARATE REWARD AGREEMENT

FCGI may require a separate written agreement, official rules or Supplemental Terms before approving a Reward program.

No Game Kit licensee may rely upon these Terms alone as authorization to conduct a regulated Reward program.

19.5 APPLICABLE LAW

Every Reward program must comply with the laws applicable to the program, including laws concerning:

(a) promotions;
(b) contests;
(c) minors;
(d) consumer protection;
(e) advertising;
(f) taxation;
(g) travel;
(h) gift cards;
(i) prizes;
(j) prohibited products;
(k) geographic restrictions; and
(l) other applicable regulatory requirements.

19.6 SPONSOR RESPONSIBILITY FOR SPONSOR REWARDS

A Sponsor that supplies a Reward is solely responsible for that Reward except to the extent a separate written agreement expressly allocates responsibility differently.

Sponsor responsibility includes:

(a) lawful authorization to offer the Reward;
(b) accuracy of the Reward description;
(c) availability;
(d) eligibility;
(e) fulfillment;
(f) delivery;
(g) taxes for which the Sponsor is legally responsible;
(h) regulatory compliance;
(i) warranties applicable to Sponsor products or services;
(j) cancellations;
(k) substitutions where lawfully permitted;
(l) restrictions;
(m) expiration; and
(n) claims arising from the Sponsor-provided Reward.

19.7 FCGI NOT PROVIDER OF THIRD-PARTY REWARD

Unless expressly identified as the Reward provider, FCGI is not the manufacturer, seller, airline, hotel, ticket issuer, merchant, scholarship provider or other provider of a third-party Reward.

19.8 NO FCGI WARRANTY OF THIRD-PARTY REWARD

To the fullest extent permitted by applicable law, FCGI does not independently warrant a third-party Reward merely because the Reward is offered through an authorized Game Kit.

19.9 REWARD REPRESENTATIONS

A Reward provider may not materially misrepresent:

(a) the existence of a Reward;
(b) the value of a Reward;
(c) eligibility;
(d) availability;
(e) quantity;
(f) expiration;
(g) restrictions;
(h) travel dates;
(i) redemption requirements; or
(j) another material condition.

19.10 REWARD SUBSTITUTION

A Reward may be substituted only as permitted by the applicable program rules and applicable law.

A Sponsor may not advertise a material Reward it does not reasonably intend or have the ability to provide.

19.11 TAXES

Reward recipients are responsible for taxes imposed upon them by applicable law.

The Reward provider is responsible for reporting, withholding or other tax obligations legally imposed upon the Reward provider.

19.12 TRAVEL REWARDS

A provider of a travel Reward is responsible for clearly stating material restrictions applicable to the Reward.

Travel-related costs not expressly included in the Reward remain the recipient's responsibility unless applicable rules provide otherwise.

19.13 MINORS AND REWARDS

A minor may receive or participate for a Reward only where permitted by applicable law and the applicable program.

FCGI or the Reward provider may require parental or guardian consent where appropriate or legally required.

19.14 SCHOOL KIT REWARDS

School Kit Rewards must remain consistent with the educational nature of School Kit.

Commercial Sponsors may not use Rewards as a means of introducing prohibited commercial advertising into School Kit.

19.15 PARTY KIT REWARDS

Party Kit Hosts may provide lawful incidental prizes as permitted by Section 10.

Party Kit may not be used to evade requirements applicable to commercial or regulated Reward programs.

19.16 PROHIBITED REWARDS

No Reward may consist of or principally promote:

(a) an illegal product;
(b) an illegal service;
(c) pornography;
(d) sexually explicit products or services;
(e) illegal drugs;
(f) unlawful controlled substances;
(g) tobacco;
(h) nicotine products;
(i) weapons;
(j) illegal gambling;
(k) counterfeit goods;
(l) fraudulent products or services;
(m) malware;
(n) alcohol; or
(o) another product or service prohibited by FCGI for the applicable program.

19.17 NO PURCHASE REQUIREMENT CREATED BY THESE TERMS

Nothing in these Terms independently imposes a purchase requirement for participation in a Reward program.

Any lawful eligibility requirement must be established through the applicable approved program rules.

19.18 REWARD DISPUTES

Disputes concerning a third-party Reward should ordinarily be directed to the applicable Reward provider.

This provision does not eliminate any legal claim against FCGI that applicable law independently permits.

20. SKILL-BASED COMPETITIONS

20.1 SKILL-BASED GAMES

Full Color® Solitaire Games are designed as skill-based Games.

Player performance may depend upon skills including:

(a) logic;
(b) deductive reasoning;
(c) sorting;
(d) mathematics;
(e) speed;
(f) continuity;
(g) memory management;
(h) strategic decision-making;
(i) pattern recognition;
(j) efficiency; and
(k) other gameplay skills.

20.2 AUTHORIZED COMPETITIONS

FCGI may permit Users or approved Game Kit licensees to participate in or administer authorized skill-based Competitions.

20.3 COMPETITION FORMATS

An authorized Competition may use:

(a) identical Games;
(b) identical Game seeds;
(c) designated card sets;
(d) designated levels;
(e) designated Game formats;
(f) time limits;
(g) score comparisons;
(h) completion measurements;
(i) statistical comparisons;
(j) ranking systems;
(k) elimination structures;
(l) group comparisons; or
(m) other skill-based structures approved by FCGI.

20.4 COMPETITION RULES

A Competition may be subject to separate official rules or Supplemental Terms.

Participants must comply with the rules applicable to the particular Competition.

20.5 NO SWEEPSTAKES CURRENTLY AUTHORIZED

These Terms do not establish or authorize a sweepstakes.

A Game Kit licensee may not characterize ordinary Competition functionality as authorization to conduct a sweepstakes.

20.6 NO LOTTERY CURRENTLY AUTHORIZED

These Terms do not establish or authorize a lottery.

20.7 NO GAMBLING CURRENTLY AUTHORIZED

These Terms do not establish or authorize gambling.

20.8 NO REAL-MONEY WAGERING CURRENTLY AUTHORIZED

These Terms do not authorize Users to stake, risk or wager money upon Game outcomes.

20.9 FUTURE PROGRAMS

FCGI may develop additional products, programs or Game Kits in the future.

Any future functionality involving regulated gaming, real-money gameplay, wagering, sweepstakes or other materially different regulated activity may require:

(a) separate Supplemental Terms;
(b) separate eligibility requirements;
(c) additional disclosures;
(d) regulatory approvals;
(e) geographic restrictions;
(f) age restrictions;
(g) identity verification;
(h) additional technical controls; or
(i) other requirements.

Nothing in these Terms grants a present right to participate in any such future program.

20.10 PRIZES IN SKILL COMPETITIONS

An authorized skill-based Competition may include lawful prizes or Rewards.

Such Rewards may be supplied by FCGI, an approved Sponsor, school, institution or another authorized provider.

20.11 REWARD DOES NOT CHANGE AUTHORIZATION

The presence of a Reward does not permit a Competition organizer to disregard applicable law.

The organizer remains responsible for ensuring that the structure it controls is lawful.

20.12 COMPETITION ELIGIBILITY

FCGI or the authorized Competition organizer may establish lawful eligibility criteria concerning:

(a) age;
(b) jurisdiction;
(c) Account status;
(d) Game Kit membership;
(e) Competition registration;
(f) Game format;
(g) Device eligibility;
(h) employee or affiliate exclusions;
(i) previous participation;
(j) skill classification; or
(k) other legitimate Competition requirements.

20.13 COMPETITION ENTRY

A User may be required to:
(a) create an Account;
(b) verify an Account;
(c) accept official rules;
(d) satisfy eligibility requirements;
(e) use a designated Game;
(f) play a designated Game seed;
(g) play during a designated period; or
(h) satisfy other approved requirements.

20.14 COMPETITION IDENTITY

FCGI may require reasonable measures to establish that Competition results belong to the eligible participant who claims them.

Such measures may vary according to the Competition.

20.15 ONE PERSON, ONE PERFORMANCE WHERE REQUIRED

Where Competition rules limit a person to a particular number of entries, attempts, Games or Accounts, the participant may not circumvent that limitation through additional Accounts, Devices, identities or other means.

20.16 GAME SEEDS

FCGI may use Game seeds to create consistent or comparable gameplay conditions.

A User may not manipulate, substitute, alter, intercept or improperly obtain Game seeds for the purpose of gaining an unauthorized Competition advantage.

20.17 IDENTICAL GAME CONDITIONS

A Competition may require multiple Users to play an identical or materially standardized Game configuration.

Participants may not knowingly manipulate the App or Device to alter required Competition conditions.

20.18 SCORE INTEGRITY

Competition scores must result from authorized gameplay performed according to the applicable rules.

A participant may not submit or cause the submission of a fabricated, manipulated or unauthorized score.

20.19 TIME INTEGRITY

Where time affects Competition results, a participant may not manipulate:

(a) Device time;
(b) system time;
(c) Game timers;
(d) network timing;
(e) application state;
(f) pause behavior;
(g) background execution; or
(h) other technical functionality

for the purpose of obtaining an unauthorized advantage.

20.20 HUMAN PLAY REQUIREMENT

Unless the applicable Competition expressly permits otherwise, Competition gameplay must be performed by the registered human participant.

A participant may not use another person, bot, automated system, artificial intelligence system or external solver to perform gameplay on the participant's behalf.

20.21 OBSERVATION AND LEARNING

Nothing in Section 20.20 prohibits ordinary lawful learning, teaching, strategy discussion or observation outside a Competition where such activity is otherwise permitted.

The applicable Competition rules determine whether assistance is permitted during Competition gameplay.

20.22 COLLUSION

Participants may not collude to manipulate Competition outcomes.

Prohibited collusion may include:

(a) intentionally coordinating scores;
(b) intentionally losing for another participant;
(c) sharing prohibited Competition information;
(d) coordinating multiple Accounts;
(e) transferring gameplay between participants;
(f) manipulating rankings; or
(g) otherwise improperly predetermining an outcome.

20.23 COMPETITION REVIEW

FCGI may review Competition activity reasonably suspected of manipulation, fraud or material rule violations.

20.24 INVALIDATION OF RESULTS

Where FCGI reasonably determines that a Competition result was obtained through a material violation of applicable rules, FCGI may, subject to applicable law:

(a) invalidate the score;
(b) remove the result;
(c) remove a leaderboard entry;
(d) recalculate standings;
(e) disqualify the participant;
(f) withhold an unearned Reward; or
(g) take another reasonable measure necessary to restore Competition integrity.

20.25 NO RIGHT TO FRAUDULENT RESULT

A participant acquires no right to retain a score, ranking, title, Reward or other benefit obtained through fraud, cheating or material violation of Competition rules.

20.26 CORRECTION OF ERRORS

FCGI may correct clerical, computational, technical or administrative errors affecting Competition results.

A correction will not intentionally be used to alter a valid result merely because FCGI dislikes the outcome.

20.27 COMPETITION RECORDS

FCGI may retain Competition records as reasonably necessary for:

(a) leaderboard integrity;
(b) Game history;
(c) dispute resolution;
(d) fraud prevention;
(e) enforcement;
(f) statistical records;
(g) historical records; or
(h) other purposes described in the Privacy Policy and permitted by applicable law.

20.28 COMPETITION DISPUTES

FCGI may establish procedures for reporting Competition disputes.

A participant must provide truthful information when challenging or defending a Competition result.

20.29 NO INTERFERENCE

A User may not intentionally interfere with another participant's gameplay, Device, network connection, Account or Competition submission.

20.30 DENIAL-OF-SERVICE AND TECHNICAL ATTACKS

No person may attack, impair or disrupt Competition infrastructure for the purpose of altering, preventing or influencing Competition results.

21. CHEATING, MANIPULATION AND GAMEPLAY INTEGRITY

21.1 FAIR PLAY REQUIREMENT

Users must play Games through authorized functionality.

A User may not obtain an unauthorized gameplay, scoring, ranking, Reward, Competition or entitlement advantage through manipulation of the App, Services, Account, Device or related systems.

21.2 BOTS

Use of bots to play, manipulate or submit Games or scores is prohibited unless FCGI expressly authorizes the particular automated use in writing.

21.3 MACROS

A User may not use macros to automate gameplay, inputs or scoring where the automation provides an unauthorized advantage or substitutes automated action for required human play.

21.4 SCRIPTS

A User may not use scripts to automate, manipulate or interfere with gameplay, scoring, Promo Codes, Game Kit functionality, Competitions or other Services.

21.5 AUTOMATED PLAY

Automated gameplay is prohibited where the applicable Game or Competition requires human gameplay.

21.6 ARTIFICIAL INTELLIGENCE GAMEPLAY

A User may not use an artificial intelligence system to play a Game, select moves, submit inputs or generate Competition performance on the User's behalf where human gameplay is required.

21.7 COMPUTER VISION SOLVERS

A User may not use computer vision or automated image analysis to identify cards, analyze a Game state or generate moves for the purpose of obtaining an unauthorized gameplay or Competition advantage.

21.8 EXTERNAL SOLVERS

A User may not use an external solver, automated decision engine or other software to perform required gameplay on the User's behalf.

21.9 MODIFIED CLIENTS

A User may not use an unauthorized modified version of the App to:

(a) alter gameplay;
(b) manipulate scores;
(c) reveal protected information;
(d) bypass purchases;
(e) bypass Promo Code restrictions;
(f) circumvent Game Kit permissions;
(g) falsify Account information;
(h) defeat security controls; or
(i) obtain another unauthorized advantage.

21.10 MEMORY MANIPULATION

A User may not inspect, alter, inject, freeze or manipulate application memory for the purpose of changing protected App behavior, gameplay, scores, entitlements, Game states or Competition results.

21.11 PACKET MANIPULATION

A User may not intercept, alter, forge, replay, inject or manipulate network communications for the purpose of:

(a) changing Game results;
(b) changing scores;
(c) changing entitlements;
(d) obtaining unauthorized information;
(e) bypassing authentication;
(f) manipulating Promo Codes;
(g) manipulating Game Kit functionality; or
(h) otherwise interfering with the Services.

21.12 SCORE INJECTION

A User may not directly or indirectly inject, fabricate, forge or submit a score that was not legitimately produced through authorized gameplay.

21.13 TIME MANIPULATION

A User may not manipulate Device clocks, system clocks, timers, timestamps or related systems to obtain unauthorized:

(a) gameplay;
(b) Promo Code access;
(c) Reward eligibility;
(d) Competition results;
(e) subscription benefits;
(f) consumable benefits; or
(g) other entitlements.

21.14 SEED MANIPULATION

A User may not manipulate, substitute, predict through unauthorized extraction, intercept or alter a Game seed for the purpose of obtaining an unauthorized advantage.

21.15 UNAUTHORIZED REPLAY

A User may not replay a Game, Competition entry or Game seed where the applicable rules prohibit replay.

A User may not circumvent a replay restriction by changing Accounts, Devices, identifiers or application state.

21.16 MULTIPLE ACCOUNTS

A User may not create or operate multiple Accounts for the purpose of:

(a) evading Promo Code limits;
(b) evading Competition limits;
(c) manipulating rankings;
(d) obtaining duplicate Rewards;
(e) evading suspension;
(f) evading termination;
(g) obtaining repeated free entitlements; or
(h) otherwise circumventing these Terms.

21.17 ACCOUNT SHARING FOR COMPETITIVE ADVANTAGE

A User may not share an Account for the purpose of allowing another person to generate scores, rankings, Competition results or Rewards on the User's behalf.

21.18 FABRICATED GAMEPLAY

A User may not create, submit or represent fabricated gameplay records as genuine gameplay.

21.19 BUG EXPLOITATION

A User who discovers a bug may report it to FCGI.

A User may not knowingly exploit a bug repeatedly or systematically for the purpose of obtaining unauthorized:

(a) gameplay;
(b) scores;
(c) rankings;
(d) Rewards;
(e) Promo Codes;
(f) purchases;
(g) entitlements;
(h) access; or
(i) other benefits.

21.20 UNDOCUMENTED BEHAVIOR

The mere existence of undocumented or undocumented behavior does not authorize exploitation of that behavior.

A User may not deliberately trigger, reproduce or manipulate undocumented behavior for the purpose of circumventing restrictions or obtaining an unauthorized advantage.

21.21 PROMO CODE MANIPULATION

A User may not manipulate Promo Code systems to obtain promotional access beyond the entitlement authorized by FCGI.

21.22 GAME KIT LIMIT CIRCUMVENTION

A User or Game Kit Administrator may not circumvent:

(a) participant limits;
(b) Device limits;
(c) Game limits;
(d) administrative permissions;
(e) data-access permissions;
(f) communication permissions;
(g) geographic restrictions;
(h) campaign durations;
(i) Promo Code limits;
(j) Competition limits; or
(k) other Game Kit controls.

21.23 DEVICE-IDENTITY MANIPULATION

A User may not manipulate Device identity or related technical information for the purpose of appearing to FCGI as a different User or Device in order to circumvent a restriction.

21.24 EMULATORS

Use of an emulator is prohibited where the emulator is used to:

(a) circumvent Device restrictions;
(b) automate gameplay;
(c) generate multiple artificial Devices;
(d) manipulate Promo Codes;
(e) evade bans;
(f) alter Competition results;
(g) obtain unauthorized entitlements; or
(h) interfere with the Services.

21.25 JAILBROKEN, ROOTED OR MODIFIED DEVICES

FCGI does not prohibit a User from possessing a modified Device merely through these Terms.

A User may not use a jailbroken, rooted or otherwise modified Device to circumvent security, manipulate the App, obtain unauthorized functionality or violate these Terms.

21.26 FALSE IDENTITY INFORMATION

A User may not knowingly provide false identity or Account information for the purpose of:

(a) circumventing eligibility requirements;
(b) obtaining duplicate Rewards;
(c) obtaining repeated Promo Codes;
(d) evading Competition restrictions;
(e) evading suspension or termination;
(f) impersonating another person; or
(g) committing fraud.

21.27 CHEATING SERVICES

A person may not knowingly operate, distribute, advertise or provide a service primarily designed to enable cheating or circumvention of Full Color® gameplay or Competition systems.

21.28 CHEAT TOOLS

A person may not knowingly develop, distribute or commercially exploit a tool primarily designed to:

(a) inject scores;
(b) automate prohibited gameplay;
(c) manipulate Game seeds;
(d) defeat Promo Code controls;
(e) bypass purchases;
(f) circumvent Game Kit permissions;
(g) falsify Game records; or
(h) defeat other technical protections applicable to the Services.

21.29 ASSISTING VIOLATIONS

A User may not knowingly assist another person in materially violating the gameplay-integrity provisions of these Terms.

21.30 INVESTIGATION

FCGI may investigate suspected cheating using information lawfully available to FCGI.

FCGI may compare gameplay information, timing, Game states, scores, Device information, Account information, Competition information and other relevant records as permitted by the Privacy Policy and applicable law.

21.31 ENFORCEMENT

Where FCGI reasonably determines that cheating or manipulation occurred, FCGI may take enforcement action permitted under these Terms.

Enforcement may include:

(a) invalidating affected scores;
(b) removing leaderboard entries;
(c) disqualifying Competition results;
(d) invalidating improperly obtained Rewards;
(e) restricting functionality;
(f) suspending an Account;
(g) terminating an Account;
(h) terminating Game Kit access; or
(i) taking other proportionate measures permitted by applicable law.

22. SECURITY, HACKING AND UNAUTHORIZED ACCESS

22.1 SECURITY PROTECTION

The Full Color® Ecosystem contains software, systems, networks, APIs, databases, Accounts, authentication mechanisms, Game Kit functionality and other technology that Users are not authorized to access except through functionality intentionally made available by FCGI.

22.2 NO UNAUTHORIZED ACCESS

A person may not knowingly access or attempt to access:

(a) an FCGI server;
(b) a database;
(c) an administrative system;
(d) another User's Account;
(e) a Game Kit administrative interface;
(f) an API;
(g) source code;
(h) credentials;
(i) authentication tokens;
(j) nonpublic files;
(k) nonpublic Content;
(l) development systems;
(m) testing systems;
(n) internal communications;
(o) cloud infrastructure; or
(p) another protected resource

without authorization.

22.3 NO HACKING

A person may not hack, compromise, intrude upon or obtain unauthorized control over any portion of the Full Color® Ecosystem.

22.4 NO PENETRATION TESTING WITHOUT AUTHORIZATION

A person may not conduct penetration testing against the Full Color® Ecosystem without FCGI's prior written authorization.

22.5 NO VULNERABILITY SCANNING WITHOUT AUTHORIZATION

A person may not conduct unauthorized vulnerability scanning, automated security scanning, probing or similar security testing against the Full Color® Ecosystem.

22.6 NO AUTHENTICATION ATTACKS

A person may not conduct:

(a) password guessing;
(b) credential stuffing;
(c) brute-force authentication;
(d) token theft;
(e) session hijacking;
(f) authentication bypass;
(g) unauthorized password-reset attacks; or
(h) other attempts to defeat authentication controls.

22.7 NO SECURITY-CONTROL CIRCUMVENTION

A person may not defeat or circumvent technical controls intended to protect:

(a) Accounts;
(b) Devices;
(c) purchases;
(d) Promo Codes;
(e) Game Kits;
(f) Competitions;
(g) databases;
(h) Content;
(i) software;
(j) communications; or
(k) other Services.

22.8 NO MALWARE

A person may not introduce, upload, distribute or transmit through the Full Color® Ecosystem:

(a) viruses;
(b) worms;
(c) trojans;
(d) ransomware;
(e) spyware;
(f) malicious scripts;
(g) destructive code;
(h) credential-stealing software; or
(i) other malicious software.

22.9 NO DENIAL-OF-SERVICE ATTACKS

A person may not intentionally impair or attempt to impair the availability or performance of the Services through:

(a) denial-of-service attacks;
(b) distributed denial-of-service attacks;
(c) request flooding;
(d) resource exhaustion;
(e) malicious automation; or
(f) other intentional interference.

22.10 NO INTERFERENCE WITH OTHER USERS

A person may not intentionally interfere with another User's lawful access to or use of the Services.

22.11 NO UNAUTHORIZED INTERCEPTION

A person may not intercept communications between:

(a) the App and FCGI;
(b) the App and an authorized service provider;
(c) a User and FCGI;
(d) Game Kit systems;
(e) Competition systems; or
(f) other components of the Full Color® Ecosystem

for an unauthorized purpose.

22.12 NO FORGED REQUESTS

A person may not forge, fabricate or manipulate requests, responses, credentials, tokens, headers, receipts, transactions or other technical communications for the purpose of deceiving FCGI systems.

22.13 NO SECURITY RESEARCH LICENSE BY ACCESS

Public accessibility of an App, website, API endpoint, server address, network service or other technology does not constitute authorization to conduct security testing.

No security-research license is granted by implication.

22.14 RESPONSIBLE VULNERABILITY REPORTING

FCGI welcomes good-faith reports concerning suspected security vulnerabilities.

A person who believes that the person has identified a vulnerability should stop any activity that could create unauthorized access, damage, disclosure or exploitation and report the suspected vulnerability to FCGI.

22.15 SECURITY REPORTING CHANNEL

Security reports may be submitted to:

pwnd@fullcolorsolitaire.com

or through the applicable support or Submit a Request functionality available through an Authorized Full Color® Website.

22.16 REPORTING DOES NOT RETROACTIVELY AUTHORIZE INTRUSION

Submitting a vulnerability report does not retroactively authorize conduct that exceeded lawful access or materially violated these Terms.

A person seeking authorization for security testing must obtain prior written authorization from FCGI.

22.17 NO EXPLOITATION OF DISCOVERED VULNERABILITY

A person who discovers a suspected vulnerability may not exploit it to:

(a) obtain User information;
(b) access Accounts;
(c) obtain source code;
(d) obtain confidential information;
(e) manipulate purchases;
(f) generate Promo Codes;
(g) manipulate scores;
(h) interfere with Services;
(i) obtain commercial advantage; or
(j) facilitate unauthorized access by another person.

22.18 NO PUBLICATION OF ACCESS CREDENTIALS

A person may not knowingly publish valid nonpublic credentials, authentication tokens, private keys or comparable security information belonging to FCGI or another User where publication would facilitate unauthorized access.

22.19 SECURITY INCIDENT RESPONSE

FCGI may take reasonable measures to investigate, contain and remediate a suspected security incident.

Such measures may include:

(a) temporarily restricting access;
(b) resetting credentials;
(c) invalidating tokens;
(d) suspending affected functionality;
(e) preserving relevant records;
(f) contacting affected Users where appropriate or legally required;
(g) contacting service providers;
(h) reporting conduct to appropriate authorities where warranted; or
(i) taking other reasonable protective measures.

22.20 GOVERNMENTAL, REGULATORY, JUDICIAL AND PUBLIC-AUTHORITY REQUESTS

FCGI may receive and respond to requests, demands, subpoenas, warrants, orders or other legal process from courts, law-enforcement agencies, regulatory authorities, governmental agencies or other public authorities as permitted or required by applicable law and as described in the Privacy Policy.

Receipt of such a request does not, by itself, constitute FCGI's agreement or determination that the request is lawful, valid, enforceable, properly issued, within the requesting authority's jurisdiction or entitled to the full scope of information requested.

FCGI may review the legality, validity, authority, jurisdiction and scope of such requests and, to the extent permitted by applicable law, may reject, object to, seek clarification or narrowing of, challenge, move to quash, seek protective relief concerning or otherwise contest a request that FCGI determines is unlawful, invalid, defective, overbroad, disproportionate, beyond the requesting authority's jurisdiction or otherwise legally objectionable.

Where FCGI determines that disclosure is legally required or otherwise lawfully appropriate, FCGI may limit the disclosure to information reasonably necessary to satisfy the applicable lawful request.

FCGI may preserve records concerning such requests and FCGI's handling of them, including the requesting authority, legal authority asserted, information requested, persons involved in review or response, FCGI's evaluation, objections or challenges, response, information disclosed or withheld and legal basis for the applicable action, subject to applicable law, privilege, confidentiality obligations, security requirements and lawful restrictions upon disclosure.

Nothing in this Section requires FCGI to disclose privileged legal advice, attorney work product, confidential legal analysis, security-sensitive information or other information protected from disclosure by applicable law.

Additional provisions concerning FCGI's handling of public-authority and governmental requests are contained in the Privacy Policy.

23. REVERSE ENGINEERING, DECOMPILATION AND TECHNICAL EXTRACTION

23.1 PROTECTED SOFTWARE

The App and related systems contain proprietary software and other protected technology.

Access to executable software does not constitute delivery of source code or authorization to obtain source code.

23.2 NO REVERSE ENGINEERING

Except to the extent a restriction is prohibited by applicable law, a User may not reverse engineer the App, Services or protected Full Color® technology.

23.3 NO DECOMPILATION

Except to the extent expressly permitted notwithstanding contractual restriction by applicable law, a User may not decompile protected Full Color® software.

23.4 NO DISASSEMBLY

Except to the extent expressly permitted notwithstanding contractual restriction by applicable law, a User may not disassemble protected Full Color® software.

23.5 NO SOURCE-CODE EXTRACTION

A person may not use technical methods to extract, reconstruct or obtain proprietary source code from the App without authorization, except where applicable law expressly provides a right that cannot lawfully be restricted.

23.6 NO TECHNICAL RECONSTRUCTION FOR UNAUTHORIZED COMMERCIAL USE

A person may not use analysis of the App, network communications, data structures or other protected systems to reconstruct FCGI technology for unauthorized commercial exploitation.

23.7 NO REMOVAL OF TECHNICAL PROTECTIONS

A person may not circumvent technological measures controlling access to protected Content or functionality except where applicable law expressly permits the particular circumvention notwithstanding these Terms.

23.8 NO UNAUTHORIZED EXTRACTION OF ASSETS

A person may not extract protected:

(a) card artwork;
(b) graphics;
(c) animations;
(d) audio;
(e) video;
(f) interface assets;
(g) backgrounds;
(h) icons;
(i) fonts where separately protected;
(j) data files;
(k) Game assets; or
(l) other copyrighted Content

from the App for unauthorized reproduction, redistribution or commercial exploitation.

23.9 NO UNAUTHORIZED EXTRACTION OF GAME DATA

A person may not systematically extract protected or access-controlled Game data, Game seeds, scoring data, statistical data or other information through methods not intentionally provided by FCGI where the extraction violates applicable law or these Terms.

23.10 INTEROPERABILITY RIGHTS

Nothing in this Section eliminates a right to reverse engineer, observe, study or test software that applicable law expressly provides notwithstanding contractual restriction.

A person relying upon such a right remains responsible for complying with the conditions and limitations of the applicable law.

24. AUTOMATED SCRAPING, DATA MINING AND ARTIFICIAL INTELLIGENCE

24.1 HUMAN ACCESS DOES NOT AUTHORIZE AUTOMATED EXTRACTION

The fact that Content can be viewed by a human through an Authorized Full Color® Website or App does not itself authorize automated scraping, harvesting, bulk extraction or systematic reproduction.

24.2 NO UNAUTHORIZED SCRAPING

Except as permitted by applicable law or expressly authorized by FCGI, a person may not use bots, crawlers, spiders, scrapers or other automated means to systematically obtain protected Full Color® Content for an unauthorized purpose.

24.3 SEARCH ENGINES

Nothing in these Terms is intended to prohibit ordinary indexing by legitimate general-purpose search engines where such indexing is consistent with applicable technical instructions, applicable law and ordinary search-engine functionality.

This exception does not authorize creation of a specialized competing database or commercial repository of protected Full Color® Content.

24.4 NO BULK DOWNLOADING

A person may not systematically download substantial quantities of protected Full Color® Content for unauthorized republication, commercial exploitation, model training or creation of a competing product.

24.5 NO UNAUTHORIZED DATA MINING

Except where applicable law provides otherwise, protected Full Color® Content may not be systematically mined or extracted for unauthorized commercial exploitation.

24.6 ARTIFICIAL INTELLIGENCE TRAINING

To the maximum extent permitted by applicable law, no license is granted to use protected Full Color® Content or FCG-IP to train, fine-tune, develop or materially improve an artificial intelligence or machine-learning model without FCGI's prior written authorization.

24.7 LARGE LANGUAGE MODELS

To the maximum extent permitted by applicable law, no license is granted to systematically reproduce or ingest protected Full Color® Content for training, fine-tuning or developing a large language model without prior written authorization.

24.8 COMPUTER-VISION TRAINING

To the maximum extent permitted by applicable law, no license is granted to use protected Full Color® Cards, Game screenshots, artwork, interfaces or other protected visual Content as a training dataset for a computer-vision system without prior written authorization.

24.9 GAME-PLAYING AGENTS

No license is granted to use protected Full Color® Content, proprietary Game data or unauthorized technical access to train or develop an automated agent intended to play, solve, simulate or commercially reproduce Full Color® Games.

This provision does not prohibit independent research or other activity that applicable law expressly protects from contractual restriction.

24.10 COMPETING GAME SYSTEMS

No license is granted to use protected Full Color® Content or FCG-IP to train, develop, benchmark or improve a competing or substitutive commercial game system.

24.11 BENCHMARK DATASETS

No license is granted to reproduce protected Full Color® Content in a benchmark dataset intended for redistribution or commercial use without authorization.

24.12 SYNTHETIC DATA

A person may not use protected Full Color® Content as source material for systematic generation of synthetic datasets intended to reproduce, approximate or commercially exploit protected Full Color® expression or proprietary data where such use requires authorization under applicable law.

24.13 MODEL EVALUATION

No license is granted to systematically use protected Full Color® Content as a commercial model-evaluation corpus where that use exercises rights controlled by FCGI or another applicable rights holder.

Nothing in this provision restricts uses that applicable law independently permits.

24.14 AI OUTPUT DOES NOT ELIMINATE INFRINGEMENT

Use of an artificial intelligence system as an intermediary does not create authorization to reproduce, distribute, display, adapt or commercially exploit protected Full Color® Content.

A person remains responsible for ensuring that the person's use complies with applicable law.

24.15 LICENSING AVAILABLE

A person or organization wishing to use Full Color® Content, Game data or FCG-IP for artificial intelligence, machine learning, research datasets, commercial analysis or another use requiring authorization may apply for a license through the licensing resources available on an Authorized Full Color® Website.

25. PUBLICLY DISCLOSED PROPRIETARY INFORMATION, WHITE PAPERS, FORMULAS AND DOCUMENTATION

25.1 INTENTIONAL PUBLICATION

FCGI or an applicable rights holder may intentionally publish substantial information concerning Full Color® Solitaire, Full Color® Games, Full Color® Cards and the Full Color® Gaming System.

25.2 PURPOSES OF PUBLICATION

Such information may be published for purposes including:

(a) player education;
(b) transparency;
(c) teaching;
(d) Game instruction;
(e) explaining scoring;
(f) explaining statistics;
(g) explaining mathematics;
(h) explaining Game rules;
(i) explaining Game strategy;
(j) Competition integrity;
(k) academic discussion;
(l) public demonstration;
(m) technical explanation;
(n) marketing;
(o) licensing information; or
(p) other authorized purposes.

25.3 PUBLICATION DOES NOT MEAN PUBLIC DOMAIN

Making protected Content publicly accessible does not, by itself, dedicate that Content to the public domain.

25.4 PUBLICATION DOES NOT TRANSFER OWNERSHIP

A person does not acquire ownership of Content merely because the person can:

(a) view it;
(b) read it;
(c) download an authorized copy;
(d) study it;
(e) discuss it;
(f) link to it;
(g) search for it; or
(h) access it without a password.

25.5 NO IMPLIED COMMERCIAL LICENSE

Public accessibility does not create an implied license for unauthorized commercial reproduction or exploitation of protected Full Color® Content.

25.6 WHITE PAPERS

FCGI may publish white papers describing aspects of the Full Color® Ecosystem.

Unless expressly stated otherwise, publication of a white paper authorizes ordinary reading and lawful reference.

It does not transfer ownership of the protected material contained within the white paper.

25.7 FORMULAS

FCGI may publish formulas used to explain scoring, statistics, Game performance or other aspects of the Services.

Publication of a formula does not grant ownership of associated protected expression, software, documentation, databases, trademarks, trade dress or other FCG-IP.

Nothing in these Terms claims copyright ownership over a mathematical fact, idea, method or other subject matter that applicable copyright law excludes from protection.

25.8 ALGORITHMS

FCGI may describe algorithms, processes or methodologies at varying levels of detail.

Public description does not authorize a person to copy protected software code, documentation or other protected expression.

Rights in an algorithm, process or methodology depend upon the applicable form of legal protection and applicable law.

25.9 SCORING SYSTEMS

FCGI may publicly explain how Game scores are calculated.

Players, teachers, journalists, researchers and others may discuss those scoring systems as permitted by applicable law.

Public explanation does not authorize unauthorized reproduction of protected software, artwork, branding, documentation or commercial products.

25.10 STATISTICAL SYSTEMS

FCGI may publicly explain statistics and analytics used in the Services.

Such publication does not grant access rights to nonpublic databases or authorization to extract protected datasets.

25.11 HOW TO PLAY MATERIALS

FCGI may publish detailed How to Play materials so Users, teachers and other persons can learn and teach the Games.

Authorized learning and teaching does not transfer ownership of any FCG-IP

25.12 TEACHING

Nothing in these Terms prohibits a person from teaching another person how to play any Full Color® Games through lawful use of the App and lawfully available instructional information.

Commercial reproduction of protected educational Content may require a license.

25.13 RESEARCH AND SCHOLARSHIP

Nothing in these Terms is intended to prohibit legitimate scholarship, research, criticism, commentary or other use protected by applicable law.

A researcher does not acquire unrestricted commercial rights merely because the research purpose is legitimate.

25.14 NO CREATION OF FALSE PROPRIETARY CLAIM

A person may not knowingly remove Full Color® source identification from protected Content and falsely represent that protected Content as that person's original proprietary work.

25.15 NO REPUBLICATION AS SUBSTITUTE PRODUCT

Except where authorized by applicable law or an express license, a person may not substantially reproduce protected Full Color® instructional, technical or educational Content and republish it as a substitute product, competing publication, commercial database, instructional product or other unauthorized commercial work.

25.16 NO REMOVAL OF RIGHTS NOTICES

Except where applicable law permits otherwise, a person may not knowingly remove, obscure or falsify a copyright notice, trademark notice, attribution, proprietary legend, source identification or other rights-management information from protected Full Color® Content for the purpose of concealing its source or facilitating unauthorized exploitation.

25.17 LINKS AND CITATIONS

A person may ordinarily link to publicly available pages on an Authorized Full Color® Website.

A lawful link or citation does not require transfer of ownership or a commercial license merely because it directs another person to Full Color® Content.

25.18 QUOTATION AND COMMENTARY

These Terms are not intended to prohibit quotation, criticism, commentary, news reporting, teaching, scholarship, research or other uses protected by applicable law.

The scope of any such protection is determined by applicable law.

25.19 ATTRIBUTION DOES NOT CURE UNAUTHORIZED USE

Providing attribution does not, by itself, authorize conduct that otherwise requires permission.

A person may not commercially reproduce protected Full Color® Content without required authorization merely by identifying the source.

25.20 ACCESS DOES NOT AUTHORIZE COMPETITIVE MISAPPROPRIATION

Access to Publicly Disclosed Proprietary Information does not authorize a person to obtain protected Full Color® materials for the purpose of unauthorized copying, infringement, passing off, false designation of origin or other conduct prohibited by applicable law.

25.21 NO WAIVER THROUGH EDUCATIONAL PUBLICATION

FCGI's decision to publish detailed educational materials does not waive rights in protected software, artwork, audiovisual Content, documentation, trademarks, trade dress or other FCG-IP.

25.22 NO WAIVER THROUGH TECHNICAL TRANSPARENCY

FCGI's decision to explain technical, mathematical, statistical or gameplay systems does not constitute a waiver of legal rights that continue to exist in other protected elements of the Full Color® Ecosystem.

25.23 LICENSING REQUESTS

A person seeking to reproduce, publish, commercialize, distribute, integrate or otherwise use Full Color® Content beyond the person's independent rights under applicable law may request a license through the licensing resources available on an Authorized Full Color® Website.

26. CONFIDENTIAL INFORMATION AND RESTRICTED ACCESS

26.1 CONFIDENTIAL INFORMATION

A User, Game Kit applicant, Game Kit licensee, Sponsor, Partner, institution, administrator, developer, tester or other person may receive access to Confidential Information through an authorized relationship with FCGI.

26.2 CONFIDENTIALITY BY NATURE OR CIRCUMSTANCE

Information may constitute Confidential Information because of:

(a) its nonpublic nature;
(b) its content;
(c) the circumstances of disclosure;
(d) an express designation;
(e) an applicable agreement;
(f) restricted access;
(g) a confidential relationship; or
(h) another legally sufficient basis.

26.3 EXAMPLES OF CONFIDENTIAL INFORMATION

Confidential Information may include nonpublic:

(a) source code;
(b) software architecture;
(c) technical documentation;
(d) security information;
(e) credentials;
(f) API information;
(g) development materials;
(h) prerelease products;
(i) unreleased features;
(j) Game Kit technology;
(k) business plans;
(l) financial information;
(m) pricing arrangements;
(n) commercial agreements;
(o) Sponsor arrangements;
(p) licensing information;
(q) customer information;
(r) strategic plans;
(s) research and development;
(t) algorithms;
(u) formulas;
(v) methods;
(w) specifications;
(x) designs;
(y) prototypes;
(z) analytics;
(aa) nonpublic Game data;
(bb) nonpublic intellectual-property information; and
(cc) other proprietary information.

26.4 LIMITED PURPOSE

A recipient may use Confidential Information only for the purpose for which FCGI or the applicable disclosing party authorized access.

26.5 NONDISCLOSURE

A recipient of Confidential Information may not disclose that information to an unauthorized person.

26.6 REASONABLE CARE

A recipient must use reasonable care appropriate to the circumstances to protect Confidential Information from unauthorized access, use or disclosure.

26.7 NO COMMERCIAL EXPLOITATION

A recipient may not use Confidential Information for the recipient's independent commercial benefit except as expressly authorized.

26.8 NO COMPETITIVE USE

A recipient may not use Confidential Information to create, assist or improve an unauthorized competing product or service.

26.9 NO REVERSE ENGINEERING OF CONFIDENTIAL MATERIAL

A recipient may not reverse engineer Confidential Information or confidential materials for a purpose outside the authorization under which access was granted, except where applicable law expressly provides a nonwaivable right to do so.

26.10 LIMITED DISCLOSURE TO AUTHORIZED PERSONNEL

A business or organizational recipient may disclose Confidential Information to its personnel or professional advisers only where:

(a) they reasonably need the information for the authorized purpose;
(b) disclosure is permitted by the applicable relationship;
(c) they are subject to appropriate confidentiality obligations; and
(d) the recipient remains responsible to the extent provided by applicable law or agreement.

26.11 REQUIRED LEGAL DISCLOSURE

Where a recipient is legally compelled to disclose Confidential Information, the recipient may make the disclosure required by law.

Where legally permitted and reasonably practicable, the recipient should provide notice sufficient to permit the applicable rights holder to seek lawful protective relief.

26.12 LIMITING REQUIRED DISCLOSURE

A recipient compelled to disclose Confidential Information should disclose only the information legally required where applicable law permits such limitation.

26.13 INFORMATION LAWFULLY KNOWN

Confidentiality obligations do not convert information independently and lawfully possessed by the recipient without confidentiality restriction into FCGI Confidential Information merely because FCGI later communicates similar information.

26.14 INDEPENDENT DEVELOPMENT

Nothing in these Terms prohibits independent development that does not use or derive from Confidential Information or otherwise violate applicable Intellectual Property rights or contractual obligations.

26.15 INFORMATION LAWFULLY RECEIVED FROM THIRD PARTY

Information lawfully received from a third party without a duty of confidentiality is not made confidential merely because FCGI possesses similar information.

26.16 PUBLIC INFORMATION DISTINCTION

Information intentionally made public by the applicable rights holder without a confidentiality restriction ordinarily ceases to be Confidential Information to the extent of the authorized public disclosure.

It may nevertheless remain protected Intellectual Property, Publicly Disclosed Proprietary Information or Restricted-Use Information.

Public availability and confidentiality are separate legal concepts.

26.17 NO PUBLIC-DOMAIN INFERENCE

The fact that Confidential Information is wrongfully leaked, stolen, hacked, scraped or published by an unauthorized person does not necessarily establish that the applicable rights holder voluntarily dedicated that information to the public domain.

26.18 ACCESS-CONTROLLED INFORMATION

Information accessible only through an Account, Game Kit, administrative interface, private link, API, developer system or other access-controlled mechanism may be subject to additional restrictions.

A recipient may not defeat access controls to obtain such information.

26.19 RETURN OR DELETION

Upon termination of an applicable commercial or confidential relationship, FCGI may require the recipient to return or delete Confidential Information where reasonably appropriate and legally permissible.

Any archival copy required by law remains subject to applicable confidentiality obligations.

26.20 SURVIVAL

Confidentiality obligations survive termination for the period provided by the applicable agreement or, where no period is specified, for so long as the information remains legally protectable as confidential under the applicable circumstances.

27. INADVERTENTLY DISCLOSED, LEGALLY PROTECTED AND PRIVILEGED MATERIAL

27.1 NO INTENTIONAL WAIVER

FCGI does not intend through these Terms or through an inadvertent disclosure to waive any attorney-client privilege, attorney work-product protection, common-interest protection or other legally recognized privilege, immunity or protection.

27.2 INADVERTENT DISCLOSURE

If material that is legally privileged, attorney work product, confidential legal material, trade-secret material or otherwise legally protected is inadvertently made accessible to a person who was not an intended recipient, FCGI and the applicable rights holder reserve every protection available under applicable law.

27.3 TECHNOLOGICAL ERROR

The accidental accessibility of protected material because of:

(a) configuration error;
(b) software error;
(c) permissions error;
(d) broken access control;
(e) mistaken upload;
(f) incorrect publication;
(g) erroneous transmission; or
(h) another inadvertent event

does not, by itself, establish an intentional waiver of a legally recognized privilege or protection.

27.4 HUMAN ERROR

An inadvertent disclosure caused by human error does not constitute an intentional waiver to the fullest extent provided by applicable law.

27.5 NO CREATION OF PRIVILEGE

Nothing in these Terms creates attorney-client privilege or another evidentiary privilege where applicable law would not otherwise recognize that privilege.

27.6 PUBLIC MATERIAL NOT AUTOMATICALLY PRIVILEGED

FCGI does not contend through these Terms that ordinary publicly published marketing, educational, instructional or technical Content becomes attorney-client privileged merely because FCGI labels or owns it.

Privilege depends upon applicable law and the circumstances of the communication.

27.7 RECIPIENT OF APPARENTLY INADVERTENT LEGAL MATERIAL

A person who reasonably knows or should know that legally protected material was inadvertently disclosed shall not obtain a contractual license to exploit that material merely because the person was technically able to access it.

27.8 LEGAL PROCESS

Rights and obligations concerning inadvertently disclosed material in litigation, arbitration, regulatory proceedings or other legal proceedings remain subject to applicable procedural and evidentiary law.

28. INTELLECTUAL PROPERTY OWNERSHIP AND RESERVATION OF RIGHTS

28.1 OWNERSHIP

The Full Color® Ecosystem contains substantial Intellectual Property owned, licensed or otherwise lawfully used by FCGI.

Nothing in these Terms transfers ownership of FCG-IP to a User.

28.2 DAVID W. MAHON

David W. Mahon is the inventor and owner of the Full Color® Games, Full Color® Cards and Full Color® Gaming System intellectual property identified or protected as his intellectual property under applicable law.

28.3 LICENSED INTELLECTUAL PROPERTY

Full Color Games, Inc. uses and commercializes Full Color® Games Intellectual Property under license and other applicable rights.

28.4 TERRITORIAL RIGHTS MAY DIFFER

Ownership, registration, licensing and territorial rights concerning particular trademarks, copyrights and other Intellectual Property may differ by jurisdiction.

Nothing in these Terms constitutes a representation that every particular Intellectual Property right is registered, issued, pending or enforceable in every country or jurisdiction.

28.5 NO PUBLIC INVENTORY

These Terms do not constitute a complete schedule or inventory of:

(a) patents;
(b) patent applications;
(c) copyrights;
(d) copyright registrations;
(e) trademarks;
(f) trademark registrations;
(g) common-law marks;
(h) trade dress;
(i) trade secrets;
(j) licenses;
(k) assignments;
(l) proprietary technology; or
(m) other Intellectual Property.

FCGI and applicable rights holders expressly reserve the right to maintain nonpublic information concerning their Intellectual Property ownership, licensing and commercial arrangements.

28.6 NO REQUIREMENT TO DISCLOSE OWNERSHIP CHAIN

Nothing in a User's access to the Services gives the User a contractual right to demand disclosure of nonpublic Intellectual Property ownership, licensing, assignment or commercialization arrangements.

Persons with a legitimate licensing inquiry may contact FCGI through the licensing resources available on an Authorized Full Color® Website.

28.7 COPYRIGHT

(a) software;
(b) source code;
(c) object code;
(d) artwork;
(e) Full Color® Cards artwork;
(f) graphics;
(g) audiovisual works;
(h) animations;
(i) photographs;
(j) videos;
(k) written Content;
(l) documentation;
(m) educational materials;
(n) Help Center materials;
(o) website Content;
(p) compilations;
(q) interfaces to the extent protectable;
(r) promotional Content; and
(s) other original works of authorship.

28.8 TRADEMARKS

The Full Color® Ecosystem contains trademarks, service marks, trade names, logos, source identifiers and associated goodwill.

Use of such marks is governed by applicable trademark law and these Terms.

28.9 TRADE DRESS

Certain visual configurations, designs, presentation elements, product appearances or combinations of elements may constitute protected trade dress where applicable legal requirements are satisfied.

28.10 PATENT RIGHTS

Certain Full Color® technologies, products, systems or methods may be or may have been the subject of patent rights or applications.

Nothing in these Terms grants a patent license except where an express written license specifically grants such rights.

28.11 TRADE SECRETS

Certain nonpublic Full Color® technology, information, know-how, systems, methods, data or commercial information may constitute trade secrets where the requirements of applicable law are satisfied.

28.12 CONTRACTUAL RIGHTS

Certain information or technology may also be protected by contractual restrictions independent of or supplemental to statutory Intellectual Property rights.

All rights not expressly granted are reserved.

Unauthorized use, copying, distribution or broadcast of protected Full Color® Content is prohibited except to the extent authorized by applicable law or an express license.

28.14 NO TRANSFER THROUGH PAYMENT

Payment for an App entitlement, subscription, Game Kit, sponsorship, license, custom background, consumable or other Service does not transfer ownership of FCG-IP unless a separate written agreement expressly states otherwise.

28.15 NO TRANSFER THROUGH FREE ACCESS

Free access does not transfer ownership of FCG-IP.

28.16 NO TRANSFER THROUGH PROMOTIONAL ACCESS

Sponsor-funded access or Promo Code redemption does not transfer ownership of FCG-IP.

28.17 NO TRANSFER THROUGH EDUCATIONAL USE

School Kit or Institution Kit use does not transfer ownership of FCG-IP.

28.18 NO TRANSFER THROUGH PUBLICATION

Publication of protected Content does not transfer ownership of FCG-IP.

28.19 NO IMPLIED LICENSE

Except where applicable law provides otherwise, a license to FCG-IP arises only from an express authorization.

No broader license arises merely through:

(a) access;
(b) silence;
(c) failure to enforce against another person;
(d) previous tolerance;
(e) publication;
(f) disclosure;
(g) payment for an unrelated entitlement;
(h) possession of a Promo Code; or
(i) participation in a Game Kit.

28.20 GOODWILL

Use of Full Color® trademarks pursuant to an authorized license inures to the benefit of the applicable trademark rights holder to the extent provided by applicable law.

28.21 QUALITY CONTROL

Authorized licensees must comply with applicable quality-control requirements governing their use of Full Color® trademarks and branded products.

FCGI or the applicable rights holder may require correction of licensed uses that materially fail to satisfy applicable brand standards.

28.22 NO IMPAIRMENT OF RIGHTS

A licensee may not knowingly use licensed FCG-IP in a manner intended to invalidate, abandon, materially impair or falsely challenge the applicable rights holder's ownership of the licensed rights.

28.23 CHALLENGES BASED ON LEGITIMATE LEGAL RIGHTS

Nothing in Section 28.22 prevents a person from exercising a legal right that applicable law does not permit FCGI to waive or prohibit by contract.

29. FULL COLOR® CARDS

29.1 PROPRIETARY PRODUCT

Full Color® Cards are a proprietary Full Color® product containing protected Intellectual Property.

29.2 NO DECK MANUFACTURING LICENSE

No ordinary User, Account holder, Game Kit participant, teacher, institution, Sponsor, influencer or other person receives a license to manufacture a physical or digital Full Color® Cards deck.

29.3 NO REPRODUCTION FOR DISTRIBUTION

Except as authorized by applicable law or an express written license, a person may not reproduce protected Full Color® Cards artwork or protected card designs for distribution to others.

29.4 NO COMMERCIAL CARD DECK

A person may not manufacture, sell, license, distribute or commercially exploit an unauthorized card deck reproducing protected Full Color® Cards expression.

29.5 DIGITAL DECKS

The same restrictions apply to unauthorized digital reproduction of protected Full Color® Cards Content in:

(a) applications;
(b) websites;
(c) video games;
(d) casino games;
(e) educational software;
(f) simulations;
(g) virtual environments;
(h) augmented-reality products;
(i) artificial-intelligence systems; or
(j) other digital products.

29.6 CONFUSINGLY SIMILAR SOURCE IDENTIFICATION

A person may not use Full Color® branding, protected trade dress or confusingly similar source-identifying elements in a manner likely to cause legally actionable confusion concerning the source, sponsorship, affiliation or approval of an unauthorized card product.

29.7 COLOR GENERALLY

These Terms do not purport to give FCGI or another rights holder ownership of color in the abstract.

Protection is asserted over the particular Full Color® Intellectual Property and source-identifying elements to the extent recognized by applicable law.

29.8 CARD SUITS AND CONFIGURATIONS

No provision of these Terms claims ownership over generic concepts that applicable law leaves free for public use.

FCGI and applicable rights holders reserve all rights in protectable Full Color® Cards artwork, expression, software implementations, branding, trade dress, compilations and other FCG-IP.

29.9 DERIVATIVE PRODUCTS

A person may not avoid applicable Intellectual Property rights merely by making superficial changes to protected Full Color® Cards Content.

Whether a product infringes or unlawfully derives from protected material is determined under applicable law.

29.10 PHYSICAL FULL COLOR® CARDS

FCGI or applicable authorized licensees may offer physical Full Color® Cards.

Purchase of a physical deck transfers ownership of that authorized physical copy to the purchaser subject to applicable law.

Purchase does not transfer the underlying Intellectual Property rights.

29.11 RESALE OF AUTHENTIC PHYSICAL GOODS

Nothing in these Terms is intended to restrict lawful resale of an authentic physical product where applicable exhaustion, first-sale or other mandatory law permits that resale.

Such resale does not authorize manufacture of additional copies.

29.12 COUNTERFEITS

A person may not knowingly manufacture, distribute or sell counterfeit Full Color® Cards or falsely represent an unauthorized product as authentic.

30. GAME COPYING, CLONING AND UNAUTHORIZED DERIVATIVE PRODUCTS

30.1 PROTECTED GAME ELEMENTS

Full Color® Games may contain protected:

(a) software;
(b) artwork;
(c) card designs;
(d) graphics;
(e) audiovisual Content;
(f) written Content;
(g) documentation;
(h) interfaces to the extent protectable;
(i) branding;
(j) trademarks;
(k) trade dress;
(l) compilations;
(m) proprietary data;
(n) confidential technology; and
(o) other FCG-IP.

30.2 NO LICENSE TO CLONE

Use of any Full Color® Games does not grant a license to copy protected elements of that Game into another product.

30.3 NO UNAUTHORIZED COMMERCIAL REPRODUCTION

A person may not reproduce protected Full Color® Game Content in an unauthorized commercial game, application, website, service or product.

30.4 NO DISGUISED COPIES

A person may not evade applicable Intellectual Property rights by making merely cosmetic changes to protected Content while reproducing protected expression, artwork, software, branding, audiovisual assets or other legally protected elements.

30.5 GAME MECHANICS AND PROTECTED EXPRESSION

These Terms do not claim copyright ownership over abstract game ideas, procedures, systems, methods of operation or other subject matter excluded from copyright protection under applicable law.

FCGI and applicable rights holders nevertheless reserve all rights available under copyright, trademark, trade dress, patent, trade-secret, contract, unfair-competition and other applicable law concerning protectable elements of the Full Color® Ecosystem.

30.6 NO FALSE “RAINBOW,” “COLOR” OR SIMILAR SUBSTITUTE BRANDING

A person may not use terms such as “Rainbow,” “Color,” “Full Colour,” “Colour Cards,” “Color Solitaire” or another designation, together with copied or confusingly similar protected Full Color® source-identifying elements, as a device to disguise an unauthorized product or create legally actionable confusion concerning source, sponsorship, affiliation or approval.

Nothing in this provision claims exclusive ownership of ordinary dictionary words independent of protectable trademark rights and the circumstances of their use.

30.7 NO COPYING THROUGH DIFFERENT COLOR SHADES

Changing hues, shades, saturation, brightness, names or other superficial characteristics of protected Full Color® artwork does not create authorization to reproduce an otherwise infringing work.

30.8 NO COPYING THROUGH DIFFERENT CARD NAMES

Changing the names assigned to cards, colors, suits, Game elements or other components does not create authorization to reproduce otherwise protected Full Color® Content.

30.9 NO COPYING THROUGH PLATFORM CONVERSION

A person may not evade applicable Intellectual Property rights by converting protected Full Color® Content from one platform to another.

This includes unauthorized conversion from:

(a) mobile to web;
(b) mobile to desktop;
(c) digital to physical;
(d) physical to digital;
(e) two-dimensional to three-dimensional;
(f) software to video;
(g) software to printed material;
(h) software to casino equipment;
(i) software to tabletop products; or
(j) one computing platform to another.

30.10 NO COPYING THROUGH REIMPLEMENTATION OF PROTECTED MATERIAL

Independently rewriting software code does not authorize reproduction of other protected Full Color® expression, artwork, audiovisual Content, trademarks, trade dress, confidential information or other protected material.

Whether independently written software infringes another protected right is determined under applicable law.

30.11 NO UNAUTHORIZED PORTS

A person may not create or distribute an unauthorized port of protected Full Color® software or Content to another operating system, platform or Device.

30.12 NO UNAUTHORIZED REMAKES

A person may not create an unauthorized remake that reproduces protected Full Color® Content in violation of applicable Intellectual Property rights.

30.13 NO UNAUTHORIZED SKINS

A person may not use protected Full Color® Cards artwork, Full Color® trademarks or other protected Full Color® assets as an unauthorized skin, theme or visual replacement for another game or application.

30.14 NO UNAUTHORIZED PLUG-INS OR MODIFICATIONS

A person may not distribute an unauthorized plug-in, patch, modification or add-on that:

(a) incorporates protected Full Color® Content without authorization;
(b) circumvents technological protections;
(c) enables cheating;
(d) bypasses purchases;
(e) defeats Promo Code restrictions;
(f) impersonates an official Full Color® product; or
(g) otherwise violates applicable law or these Terms.

30.15 NO PASSING OFF

A person may not falsely represent an unauthorized game, deck, application, website or other product as:

(a) an official Full Color® product;
(b) licensed by FCGI;
(c) approved by FCGI;
(d) sponsored by FCGI;
(e) affiliated with David W. Mahon;
(f) compatible with Full Color® products where the representation is materially misleading; or
(g) otherwise originating from an applicable Full Color® rights holder when it does not.

30.16 NO FALSE DESIGNATION OF ORIGIN

A person may not use Full Color® source-identifying Content in a manner constituting false designation of origin under applicable law.

30.17 NO UNAUTHORIZED COMMERCIAL DERIVATIVES

Where creation or commercialization of a derivative work requires authorization under applicable law, no license is granted to create or commercially exploit a derivative work based upon protected Full Color® Content.

30.18 NO COPYING OF DOCUMENTATION TO SUPPORT A CLONE

A person may not reproduce protected Full Color® documentation, How to Play materials, scoring explanations, diagrams, screenshots or other copyrighted Content as documentation for an unauthorized competing or cloned product.

30.19 NO COPYING OF FULL COLOR® BRAND ARCHITECTURE

No license is granted to reproduce protected Full Color® branding, logos, trade dress or source-identifying presentation for an unauthorized competing product.

30.20 NO COPYING OF SOFTWARE ASSETS

No license is granted to extract and reuse protected Full Color® software assets in another application, game or service.

30.21 NO COPYING OF AUDIOVISUAL PRESENTATION

No license is granted to reproduce protected Full Color® animations, audiovisual sequences, graphics or other expressive presentation as part of an unauthorized competing product.

30.22 INDEPENDENT CREATION

Nothing in these Terms prohibits genuinely independent creation that does not infringe, misappropriate or otherwise violate FCGI's or another person's legally protected rights.

30.23 LAWFUL COMPETITION

Nothing in these Terms prohibits lawful competition.

These Terms prohibit infringement, misappropriation, unauthorized access, contractual violations, passing off, false designation and other conduct that applicable law permits FCGI or an applicable rights holder to restrict.

30.24 LICENSING

A person interested in developing an authorized product using FCG-IP may contact FCGI through the licensing resources available on an Authorized Full Color® Website.

31. TRADEMARKS, TRADE DRESS AND SOURCE IDENTIFICATION

31.1 FULL COLOR® MARKS

Full Color® trademarks, service marks, trade names, logos and other source identifiers are protected to the extent provided by applicable law.

31.2 LIMITED IDENTIFICATION USE

A User may use Full Color® word marks as reasonably necessary to truthfully identify Full Color® products, subject to applicable law and these Terms.

31.3 NO OWNERSHIP THROUGH REFERENCE

Referring to Full Color® Solitaire, Full Color® Games or Full Color® Cards does not give the referring person ownership of the applicable mark.

31.4 NO CONFUSING USE

A person may not use a Full Color® mark or confusingly similar designation in a manner likely to cause legally actionable confusion concerning:

(a) source;
(b) sponsorship;
(c) affiliation;
(d) approval;
(e) licensing;
(f) certification; or
(g) endorsement.

31.5 DOMAIN NAMES

A person may not register, acquire or use a domain name containing a Full Color® trademark where the registration or use infringes applicable trademark rights, constitutes cybersquatting or falsely implies official ownership, authorization or affiliation.

31.6 SOCIAL-MEDIA IDENTIFIERS

A person may not use a Full Color® trademark in a social-media username, account name or identifier in a manner that falsely represents the account as an official FCGI or Full Color® account.

31.7 APP NAMES

A person may not publish an application using a name or branding that infringes Full Color® trademark rights or falsely implies that the application is an official or licensed Full Color® product.

31.8 BUSINESS NAMES

A person may not use a Full Color® trademark as a business, company or trade name in a manner that infringes applicable trademark rights or creates actionable confusion.

31.9 ADVERTISING KEYWORDS

Nothing in these Terms categorically claims that every use of a Full Color® mark as an advertising keyword is unlawful.

A person may not use Full Color® marks in advertising in a manner that infringes applicable trademark rights, deceives consumers or falsely represents source, affiliation, sponsorship or approval.

31.10 METADATA AND SEARCH MANIPULATION

A person may not use Full Color® trademarks in hidden metadata, tags or other search-manipulation techniques for the purpose of falsely passing off an unauthorized product as an official Full Color® product or materially deceiving Users concerning source.

31.11 LOGOS

No general license to reproduce Full Color® logos is granted except as expressly provided through:

(a) these Terms;
(b) the Fan Content License;
(c) a Game Kit;
(d) brand guidelines;
(e) Supplemental Terms; or
(f) another express authorization.

31.12 MODIFICATION OF MARKS

An authorized licensee may not materially modify a Full Color® trademark or logo except as expressly permitted by FCGI.

31.13 COMBINATION MARKS

An authorized licensee may not combine a Full Color® mark with another mark in a manner that creates a new composite source identifier unless FCGI expressly approves the combination.

31.14 TRADEMARK SYMBOLS

FCGI may require use of appropriate trademark symbols or notices in licensed commercial materials.

The applicable brand or licensing requirements control.

31.15 ATTRIBUTION

Where FCGI requires attribution as a condition of an authorized licensed use, the required attribution may include:

“All Full Color® Cards and Full Color® Games ©2026 David W. Mahon.
All Full Color® Games intellectual property herein is used under license.
All Rights Reserved.”

FCGI may require inclusion of:

fullcolorsolitaire.com

or another authorized Full Color® source identification.

31.16 ATTRIBUTION FOR LICENSED USES

A commercial license, Game Kit or other authorization may specify a different or additional attribution.

The attribution required by the applicable license controls.

31.17 ATTRIBUTION AND FAIR USE

Nothing in these Terms represents that attribution is legally required for every use independently protected as fair use, fair dealing, nominative use or another applicable legal limitation or exception.

Where a person relies upon an independent legal right rather than an FCGI license, the requirements of applicable law control.

31.18 NO FALSE COPYRIGHT OR TRADEMARK CLAIMS

A person may not knowingly assert ownership of FCGI-controlled or other Full Color® Intellectual Property that the person does not own.

31.19 NO REGISTRATION OF FULL COLOR® RIGHTS

A User or licensee may not register or attempt to register FCGI-controlled Full Color® Intellectual Property in the User's or licensee's own name without express authorization.

31.20 NO ASSISTANCE IN WRONGFUL REGISTRATION

A User or licensee may not knowingly assist another person in wrongfully registering FCGI-controlled Full Color® Games Intellectual Property.

31.21 NOTICE OF SUSPECTED INFRINGEMENT

Game Kit licensees should promptly notify FCGI if they become aware of material suspected infringement, counterfeiting or impersonation involving the FCG-IP used through their license.

31.22 CONTROL OF ENFORCEMENT

Except where a separate written agreement provides otherwise, FCGI and the applicable rights holder retain control over whether and how to enforce their Intellectual Property rights.

A User or Game Kit licensee may not commence litigation in FCGI's name without express written authority.

31.23 NO SETTLEMENT OF FCGI RIGHTS

A User or Game Kit licensee may not settle, waive, release or compromise a claim belonging to FCGI or another Full Color® rights holder without express authority.

31.24 CONTINUING BRAND PROTECTION

FCGI may update brand guidelines and quality-control requirements applicable to licensed commercial uses.

Licensees must comply with applicable updates as provided by their license and applicable law.

32. FAIR USE, FAIR DEALING AND OTHER INDEPENDENT LEGAL RIGHTS

32.1 NO ATTEMPT TO ELIMINATE LEGAL EXCEPTIONS

These Terms are not intended to eliminate fair use, fair dealing, nominative use, criticism, commentary, news reporting, teaching, scholarship, research, parody or other rights, limitations or exceptions that applicable law does not permit FCGI to prohibit.

32.2 FAIR USE IS DETERMINED BY LAW

Whether a particular use qualifies as fair use or another legal exception depends upon applicable law and the circumstances of the use.

FCGI does not grant or deny statutory fair use merely by labeling an activity “fair” or “unfair.”

32.3 PERSONAL DISCUSSION

Users may ordinarily discuss their experience with Full Color® products.

32.4 REVIEWS

Users may ordinarily publish truthful reviews of Full Color® Games products.

32.5 CRITICISM

Users may criticize Full Color® products.

Nothing in these Terms prohibits truthful lawful criticism merely because the criticism is unfavorable.

32.6 NEWS REPORTING

Nothing in these Terms prohibits lawful news reporting concerning FCGI or Full Color® products.

32.7 SCHOLARSHIP AND RESEARCH

Nothing in these Terms prohibits scholarship or research protected by applicable law.

32.8 PARODY

Nothing in these Terms prohibits parody protected by applicable law.

32.9 NOMINATIVE REFERENCE

A person may truthfully refer to Full Color® products by name where applicable law permits nominative use.

32.10 NO FALSE AFFILIATION

A person relying upon fair use, nominative use or another independent legal right may not falsely claim FCGI authorization or affiliation that does not exist.

32.11 COMMERCIAL USE MAY STILL BE PROTECTED

The presence of a commercial element does not automatically eliminate a legal fair-use or other statutory defense where applicable law provides otherwise.

Likewise, describing a use as “fair use” does not automatically make an otherwise infringing use lawful.

32.12 LICENSING OPTION

A person who wishes to obtain certainty or broader rights beyond those independently available under applicable law may request an express license from FCGI.

33. FAN CONTENT AND SOCIAL MEDIA LICENSE

33.1 PURPOSE

FCGI encourages Users to share their enjoyment of Full Color® Solitaire and Full Color® Games through lawful social, fan, educational and community Content.

This Section establishes a limited voluntary Fan Content License in addition to rights Users may independently possess under applicable law.

33.2 FAN CONTENT LICENSE

Subject to this Section, FCGI grants Users a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to use designated Full Color® Content reasonably necessary to create and share authorized Fan Content.

33.3 AUTHORIZED FAN CONTENT

Subject to these Terms, authorized Fan Content may include:

(a) gameplay screenshots;
(b) gameplay videos;
(c) screen recordings;
(d) scores;
(e) leaderboard achievements;
(f) gameplay commentary;
(g) strategy discussion;
(h) reviews;
(i) tutorials;
(j) social-media posts;
(k) livestreams;
(l) fan pages; and
(m) other similar User-created Content.

33.4 SOCIAL-MEDIA SHARING

A User may post authorized Fan Content through ordinary social-media services, community forums, discussion services and similar platforms, subject to these Terms and the rules of the applicable platform.

33.5 GAMEPLAY SCREENSHOTS

Users may post screenshots of authorized gameplay.

Screenshots may contain Full Color® trademarks, Game interfaces, Full Color® Cards and other protected Content visible during ordinary gameplay.

33.6 GAMEPLAY VIDEO

Users may record and post video of their authorized gameplay subject to these Terms.

33.7 LIVESTREAMING

Users may livestream authorized gameplay subject to these Terms.

FCGI may establish separate commercial licensing requirements for organized public exhibitions, commercial productions, broadcasts, tournaments or other uses materially exceeding ordinary individual Fan Content.

33.8 SMALL-SCALE FAN LICENSE GUIDELINE

As an FCGI licensing policy, ordinary individual Fan Content directed to or involving a limited audience may qualify for the automatic Fan Content License provided by this Section.

FCGI may use an audience size of up to thirty-five persons as an internal licensing guideline for certain organized exhibitions or similar activities.

The thirty-five-person guideline is an FCGI licensing threshold.

It is not a representation that copyright law establishes a universal thirty-five-person definition of “public,” “private,” “broadcast” or “fair use.”

33.9 LARGER ORGANIZED EXHIBITIONS

An organized exhibition, event, presentation or similar use directed to more than thirty-five persons may require an FCGI license where the activity exercises rights controlled by FCGI and is not independently authorized by applicable law.

A person planning such use may request authorization through the licensing resources available on an Authorized Full Color® Website.

33.10 ORDINARY SOCIAL-MEDIA REACH

The fact that a post on a general social-media platform may technically be accessible to more than thirty-five persons does not, by itself, terminate the Fan Content License.

FCGI distinguishes ordinary social sharing from an independently organized public exhibition, commercial production or dedicated exploitation of Full Color® Content.

33.11 PLATFORM MONETIZATION

Ordinary platform-provided monetization of otherwise authorized individual Fan Content, such as advertising revenue automatically associated with a User's YouTube, TikTok, Twitch or similar account, does not by itself terminate the Fan Content License where:

(a) the Content remains principally genuine Fan Content;
(b) the User does not falsely claim FCGI sponsorship;
(c) the User does not sell or sublicense FCG-IP;
(d) the User does not create a substitute Full Color® product;
(e) the User complies with applicable endorsement laws; and
(f) the use otherwise complies with these Terms.

33.12 DEDICATED COMMERCIAL EXPLOITATION

The Fan Content License does not authorize creation of a business, website, subscription service, application, product, media network or other enterprise whose material commercial purpose is exploitation of protected Full Color® Content.

Such activity may require a separate license.

33.13 FAN WEBSITES

A noncommercial fan website may truthfully discuss Full Color® products and may use limited Full Color® Content within the scope of this Fan Content License and applicable law.

A monetized or commercial fan website may require express authorization where its use of protected Full Color® Content materially exceeds ordinary commentary, criticism, news reporting or other independently lawful use.

33.14 REDDIT AND COMMUNITY DISCUSSION

Ordinary lawful discussion, screenshots, gameplay commentary and similar Fan Content posted to Reddit, discussion forums or comparable community platforms are permitted under the Fan Content License subject to these Terms.

No separate license application is ordinarily required merely for such community participation.

33.15 SPONSOR-BRANDED SCREENSHOTS

A User participating in an authorized Sponsor campaign may share ordinary gameplay screenshots or gameplay video displaying the Sponsor background.

The User does not thereby obtain an independent license to use the Sponsor's trademarks outside the context of the authorized gameplay Content.

33.16 NO FALSE SPONSOR ENDORSEMENT

A User sharing Sponsor-branded gameplay may not falsely state that the Sponsor personally endorses, employs or compensates the User unless that relationship actually exists.

33.17 SCORES AND ACHIEVEMENTS

Users may share their own scores, rankings, achievements and gameplay results.

A User may not falsify a score or achievement and present it as authentic.

33.18 FULL COLOR® LOGOS

Users may use an authorized Full Color® logo in Fan Content where reasonably necessary to identify the subject of the Content.

The logo may not be used in a manner that falsely implies that the User's account, page, product or service is an official FCGI property.

33.19 NO MERCHANDISE RIGHTS

The Fan Content License does not authorize manufacture or sale of merchandise containing protected Full Color® artwork, logos, Full Color® Cards or other FCG-IP.

33.20 NO APP OR GAME RIGHTS

The Fan Content License does not authorize creation or distribution of an application, game, card deck or other interactive product incorporating protected FCG-IP.

33.21 NO NFT OR TOKENIZATION RIGHTS

The Fan Content License does not authorize minting, tokenizing, selling or otherwise commercially exploiting protected Full Color® Content as a non-fungible token, digital collectible, blockchain asset or similar digital asset without an express written license.

33.22 NO TRAINING RIGHTS THROUGH FAN CONTENT LICENSE

The Fan Content License does not authorize systematic use of protected Full Color® Content for artificial-intelligence or machine-learning training prohibited by Section 24.

33.23 USER'S ORIGINAL CONTENT

FCGI does not acquire ownership of a User's independently created original expression merely because that expression appears in authorized Fan Content.

Rights in Full Color® Content incorporated into Fan Content remain with the applicable rights holder.

33.24 ATTRIBUTION FOR FAN CONTENT

Where reasonably practicable, Users relying upon the Fan Content License should identify the applicable Full Color® product accurately.

For more substantial licensed uses, FCGI may require the following attribution:

“All Full Color® Cards and Full Color® Games ©2026 David W. Mahon.
All Full Color® Games intellectual property herein is used under license.
All Rights Reserved.
fullcolorsolitaire.com”

33.25 NO REQUIREMENT BEYOND APPLICABLE LAW FOR INDEPENDENT FAIR USE

Section 33.24 establishes an attribution condition or preference for uses relying upon FCGI's Fan Content License.

It does not impose an attribution requirement upon an independently lawful use where applicable law does not permit FCGI to impose such a requirement.

33.26 REVOCATION FOR MATERIAL ABUSE

FCGI may revoke the Fan Content License as to a User who materially violates its conditions.

Revocation of the voluntary Fan Content License does not eliminate independent rights the User possesses under applicable law.

33.27 REQUESTING COMMERCIAL RIGHTS

A User seeking rights beyond this Fan Content License may apply for a commercial license through the licensing resources available on an Authorized Full Color® Website.

34. USER CONTENT

34.1 USER CONTENT FUNCTIONALITY

FCGI may permit Users to submit, upload, select, transmit or otherwise provide User Content through designated functionality.

34.2 TYPES OF USER CONTENT

Depending upon the functionality then available, User Content may include:

(a) custom backgrounds;
(b) profile images;
(c) screen names;
(d) photographs;
(e) videos;
(f) logos;
(g) graphics;
(h) text;
(i) comments;
(j) communications; and
(k) other material submitted by a User.

34.3 USER RETAINS OWNERSHIP

As between the User and FCGI, the User retains whatever ownership rights the User lawfully possesses in the User's original User Content.

Submitting User Content does not transfer ownership to FCGI except where a separate written agreement expressly provides otherwise.

34.4 LICENSE TO OPERATE THE SERVICES

By submitting User Content to functionality that requires FCGI to host, process, reproduce, display, transmit, resize, format or otherwise technically use that Content, the User grants FCGI a nonexclusive license to perform those acts to the extent reasonably necessary to:

(a) provide the requested Service;
(b) display the Content to the User;
(c) synchronize the Content;
(d) administer the Account;
(e) provide Game Kit functionality;
(f) provide sharing functionality selected by the User;
(g) provide support;
(h) protect the Services;
(i) enforce these Terms; or
(j) perform another function reasonably inherent in the User's requested use.

34.5 LICENSE DURATION

The license in Section 34.4 continues for as long as reasonably necessary to provide the applicable functionality and for any additional period during which FCGI is legally permitted or required to retain the applicable Content.

Deletion and retention are further governed by the Privacy Policy and applicable law.

34.6 NO GENERAL OWNERSHIP CLAIM

FCGI does not claim ownership of every photograph, custom background, logo or other original work a User uploads merely because the Content is processed by the App.

34.7 USER REPRESENTATIONS

A User who submits User Content represents that the User has the rights and permissions reasonably necessary to submit and use that Content through the selected functionality.

34.8 NO INFRINGING USER CONTENT

A User may not knowingly upload User Content that infringes or misappropriates another person's:

(a) copyright;
(b) trademark;
(c) trade dress;
(d) trade secret;
(e) privacy right;
(f) publicity right; or
(g) other legally protected right.

34.9 NO ILLEGAL USER CONTENT

A User may not use the Services to upload or distribute Content that is unlawful in the circumstances in which it is submitted or used.

34.10 MALICIOUS CONTENT

A User may not upload Content containing malware, malicious scripts, exploit code or other functionality intended to compromise the Services or another person.

34.11 CUSTOM BACKGROUNDS

Where a User has an eligible custom-background entitlement, the User may upload or select a background through authorized functionality.

The User remains responsible for the Content selected or uploaded.

34.12 PRIVATE CUSTOM BACKGROUNDS

A custom background used privately by a User through the App remains subject to applicable law and these Terms.

FCGI may use automated or manual measures permitted by applicable law to address Content that creates security, operational or legal risks.

34.13 GAME KIT BACKGROUNDS

Game Kit Administrators may be permitted to upload backgrounds for distribution or display to participating Users.

Because such Content may be displayed to others, Game Kit backgrounds are subject to the applicable Game Kit Content requirements and FCGI's continuing brand and compliance rights.

34.14 PROFILE IMAGES

Where profile images are supported, Users may not use an image to impersonate another person, falsely imply official FCGI status or materially violate another person's rights.

34.15 SCREEN NAMES

Screen names remain subject to Section 6 and other applicable provisions of these Terms.

34.16 USER CONTENT MODERATION

FCGI may review, restrict, remove or disable User Content where FCGI reasonably determines that the Content:

(a) violates applicable law;
(b) infringes Intellectual Property rights;
(c) violates these Terms;
(d) contains malicious code;
(e) impersonates another person;
(f) creates a material security risk;
(g) materially interferes with the Services; or
(h) falls within another removal right expressly provided by an applicable Game Kit or program.

34.17 NO GENERAL MONITORING PROMISE

The right to review User Content does not constitute a promise that FCGI will identify or remove every violation before Content is displayed or used.

34.18 REPORTING USER CONTENT

Users may report suspected unlawful, infringing or materially abusive Content through the support resources available on an Authorized Full Color® Website.

34.19 REMOVAL DOES NOT DETERMINE OWNERSHIP

FCGI's decision to remove or retain Content for purposes of operating the Services does not constitute a judicial determination concerning ownership, infringement or legality.

34.20 BACKUPS AND TECHNICAL COPIES

FCGI systems or service providers may temporarily retain technical copies, cached copies or backups of User Content as reasonably necessary to operate, secure, restore or maintain the Services.

Such handling remains subject to the Privacy Policy and applicable law where Personal Data is involved.

35. FEEDBACK, IDEAS AND SUGGESTIONS

35.1 VOLUNTARY FEEDBACK

Users, teachers, schools, institutions, Sponsors, Partners and other persons may voluntarily provide feedback, suggestions, recommendations or ideas concerning the Services.

35.2 NO REQUIREMENT TO SUBMIT

No person is required to provide Feedback unless an applicable separate agreement states otherwise.

35.3 NO CONFIDENTIAL SUBMISSION BY DEFAULT

Unless FCGI expressly agrees otherwise before submission, unsolicited Feedback concerning improvements to the Services is not submitted in confidence merely because the sender considers the idea valuable.

35.4 FEEDBACK LICENSE

To the extent a person voluntarily submits Feedback concerning the Services without a separate written agreement restricting its use, the person grants FCGI a worldwide, perpetual, irrevocable, nonexclusive, transferable, sublicensable and royalty-free license to use, reproduce, modify, develop, implement, commercialize and otherwise exploit that Feedback to the extent permitted by applicable law.

35.5 NO PAYMENT OBLIGATION

FCGI has no obligation to compensate a person for voluntarily submitted Feedback unless FCGI expressly agrees to compensation in writing before or in connection with the submission.

35.6 NO OWNERSHIP OF PREEXISTING USER IP

The Feedback license does not transfer ownership of unrelated preexisting Intellectual Property merely because a person references that Intellectual Property while providing Feedback.

35.7 SIMILAR IDEAS

FCGI may independently develop or receive ideas similar to Feedback submitted by a User.

The submission of an idea does not prevent FCGI from developing, acquiring or using similar ideas from other sources.

35.8 SCHOOL KIT FEEDBACK

Educators may provide recommendations concerning School Kit functionality, curriculum tools, reports, assignments, testing, analytics and other educational features.

Unless separately agreed in writing, such Feedback may be used by FCGI under this Section to improve School Kit or other Services.

35.9 GAME KIT CUSTOM DEVELOPMENT

Where FCGI agrees to create custom functionality specifically for a Game Kit licensee, ownership and licensing of custom development may be addressed in a separate written agreement.

Absent such an agreement, no request for customization transfers ownership of preexisting FCG-IP.

36. ACCEPTABLE USE AND PROHIBITED CONDUCT

36.1 GENERAL REQUIREMENT

Users must use the Full Color® Ecosystem lawfully and consistently with these Terms.

36.2 MATERIAL VIOLATIONS

The conduct prohibited by this Section includes conduct that threatens:

(a) Users;
(b) Accounts;
(c) Games;
(d) Competitions;
(e) Game Kits;
(f) Promo Codes;
(g) Intellectual Property;
(h) security;
(i) privacy;
(j) FCGI systems;
(k) Sponsors;
(l) schools;
(m) institutions; or
(n) the integrity of the Full Color® Ecosystem.

36.3 FRAUD

A User may not use the Services to commit or facilitate fraud.

36.4 IMPERSONATION

A User may not materially impersonate:

(a) another User;
(b) an FCGI employee;
(c) David W. Mahon;
(d) a Game Kit Administrator;
(e) a Sponsor;
(f) a teacher;
(g) a school;
(h) an institution;
(i) an influencer;
(j) a Partner; or
(k) another person or organization.

36.5 FALSE AFFILIATION

A User may not falsely represent that the User is licensed, sponsored, approved, employed or otherwise affiliated with FCGI where no such relationship exists.

36.6 HARASSMENT

A User may not use communication functionality provided through the Services to unlawfully harass, threaten or abuse another person.

36.7 EXPLOITATION OF MINORS

The Services may not be used to exploit, endanger or unlawfully target minors.

36.8 SEXUALLY EXPLICIT MATERIAL INVOLVING MINORS

Any use of the Services involving child sexual abuse material or other unlawful sexual exploitation of minors is strictly prohibited.

FCGI may report such material or conduct as required or permitted by applicable law.

36.9 MALWARE

Users may not distribute malware through the Services.

36.10 PHISHING

Users may not use the Services to conduct phishing, credential theft or similar deceptive activity.

36.11 SPAM

Users may not use FCGI communication systems to send unauthorized bulk or unlawful commercial communications.

36.12 UNAUTHORIZED ADVERTISING

Users may not use functionality intended for personal, educational or noncommercial use as an unauthorized advertising platform.

36.13 PARTY KIT COMMERCIALIZATION

A User may not use Party Kit to avoid Sponsor Kit or other commercial licensing requirements.

36.14 SCHOOL KIT COMMERCIALIZATION

A User may not use School Kit to deliver unauthorized commercial advertising to students.

36.15 PROMO CODE ABUSE

Users may not traffic, counterfeit, farm, brute-force or otherwise abuse Promo Codes.

36.16 PURCHASE FRAUD

Users may not manipulate purchase systems or transaction records.

36.17 COMPETITION FRAUD

Users may not manipulate Competition results.

36.18 LEADERBOARD MANIPULATION

Users may not manipulate leaderboards through fabricated or improperly generated scores.

36.19 REWARD FRAUD

Users may not obtain or attempt to obtain Rewards through materially false information, duplicate identities, prohibited multiple Accounts, fabricated gameplay or other fraud.

36.20 UNAUTHORIZED DATA COLLECTION

Users may not collect information about other Users through unauthorized technical means.

36.21 SCRAPING

Users may not engage in scraping prohibited by Section 24.

36.22 REVERSE ENGINEERING

Users may not engage in reverse engineering prohibited by Section 23.

36.23 INTELLECTUAL PROPERTY INFRINGEMENT

Users may not use the Services to infringe or misappropriate Intellectual Property rights.

36.24 COUNTERFEITING

Users may not use Full Color® systems or Content to facilitate counterfeit Full Color® products.

36.25 UNAUTHORIZED COMMERCIAL USE

Users may not commercially exploit FCG-IP beyond the scope of their authorization.

36.26 UNAUTHORIZED BROADCAST OR EXHIBITION

Users may not undertake an organized commercial broadcast, exhibition or similar exploitation of protected Full Color® Content where an FCGI license is legally required and has not been obtained.

36.27 FALSE MEDIA OR PRESS REPRESENTATION

A person may not falsely represent that FCGI has approved, sponsored or authorized a media production, broadcast, article, channel or publication where no such authorization exists.

36.28 INTERFERENCE WITH SERVICES

Users may not intentionally disrupt or impair the Services.

36.29 INTERFERENCE WITH ENFORCEMENT

A User may not knowingly destroy, falsify or manipulate records for the purpose of obstructing an authorized investigation into fraud, cheating, security violations or other material violations of these Terms.

36.30 BAN EVASION

A person whose Account or access has been lawfully suspended or terminated may not circumvent that action by:

(a) creating another Account;
(b) using another person's Account;
(c) changing an email address;
(d) manipulating a Device identifier;
(e) using another Device;
(f) using a fabricated identity;
(g) using an emulator;
(h) using a third-party Account; or
(i) employing another circumvention method

for the purpose of evading the suspension or termination.

36.31 ASSISTING BAN EVASION

A User may not knowingly provide an Account or other access to a person for the purpose of helping that person evade a valid suspension or termination.

36.32 ATTEMPTED VIOLATIONS

An attempted material violation may be treated as a violation where the attempt itself creates a material security, fraud, Intellectual Property or integrity risk.

36.33 SOLICITATION OF VIOLATIONS

A User may not knowingly solicit another person to commit hacking, fraud, cheating, Promo Code abuse, Intellectual Property theft or another material violation of these Terms.

36.34 COMMERCIAL SERVICES FACILITATING ABUSE

A person may not knowingly operate a commercial service principally designed to facilitate material violations of these Terms.

36.35 NO WAIVER FROM TECHNICAL POSSIBILITY

The fact that the Services technically permit an action does not establish that the action is contractually authorized.

A User remains responsible for complying with the permissions and restrictions applicable to the User.

36.36 UNLAWFUL REPUTATIONAL HARM, FALSE STATEMENTS AND ABUSE OF FCGI RELATIONSHIPS

Nothing in these Terms prohibits or restricts any truthful review, opinion, criticism, complaint, report to a governmental authority or other communication protected by applicable law.

Subject to that limitation, no User, Game Kit applicant, Game Kit licensee, administrator or other participant may use the Services, a Game Kit, FCGI-provided functionality, FCG-IP, an FCGI-granted license, FCGI credentials, FCGI branding or a claimed relationship with FCGI to engage in unlawful conduct directed against FCGI, Full Color® products, applicable Full Color® rights holders or other persons.

Prohibited conduct includes, to the extent unlawful or otherwise independently prohibited by these Terms:

(a) knowingly publishing or communicating materially false statements of fact concerning FCGI, Full Color® products, FCG-IP or an applicable Full Color® rights holder;
(b) defamation, libel or slander actionable under applicable law;
(c) knowingly fabricating allegations, evidence, communications, screenshots, recordings, Game results, Account records or other purported evidence concerning FCGI or the Services;
(d) falsely representing that FCGI committed, admitted or was adjudicated to have committed conduct that FCGI did not commit, admit or have adjudicated against it;
(e) impersonating FCGI, an FCGI representative or an applicable Full Color® rights holder;
(f) falsely claiming present affiliation, sponsorship, approval, employment, agency, partnership, licensing authority or other relationship with FCGI;
(g) continuing to represent oneself as an authorized Game Kit licensee, administrator, Ambassador, Influencer, Sponsor, Partner, Host or other authorized FCGI participant after the applicable authorization has expired, been suspended or been terminated;
(h) disclosing or exploiting Confidential Information in violation of an applicable legal or contractual obligation;
(i) publishing or distributing material obtained through hacking, unauthorized access, credential theft, circumvention or another unlawful means;
(j) knowingly organizing or participating in fraudulent impersonation, fabricated-review, fabricated-evidence or other deceptive activity intended to cause unlawful injury to FCGI, the Full Color® brand or an applicable Full Color® rights holder;
(k) using FCGI trademarks, logos, Content, Game Kit credentials or other licensed FCG-IP in a manner falsely suggesting that FCGI sponsors, endorses or approves a statement, campaign, accusation or publication that FCGI has not authorized; or
(l) engaging in other conduct actionable under applicable law that unlawfully injures FCGI, an applicable Full Color® rights holder or the goodwill associated with protected Full Color® trademarks.

36.37 TRUTHFUL CRITICISM, REVIEWS AND LEGALLY PROTECTED COMMUNICATIONS

Nothing in these Terms prohibits, restricts or penalizes a person merely for:

(a) expressing an honest opinion;
(b) publishing a truthful review;
(c) making truthful criticism;
(d) reporting a genuine dispute;
(e) communicating with law enforcement or a governmental or regulatory authority;
(f) participating truthfully in legal proceedings;
(g) exercising rights under the Consumer Review Fairness Act;
(h) engaging in criticism, commentary, news reporting or other expression protected by applicable law; or
(i) making another communication that FCGI is prohibited by applicable law from restricting.

A statement does not violate these Terms merely because it is negative, unfavorable, critical, embarrassing or damaging to FCGI's reputation.

Nothing in this Section protects fraud, knowingly false statements of fact, actionable defamation, unlawful impersonation, unlawful threats, unlawful harassment, infringement, misappropriation, unauthorized disclosure of Confidential Information or other conduct independently actionable under applicable law or prohibited by another enforceable provision of these Terms.

36.38 TERMINATION AND OTHER REMEDIES

Where FCGI reasonably determines that conduct described in Section 36.36 constitutes a material violation of these Terms, FCGI may exercise the suspension, termination and enforcement rights provided by Sections 9, 37 and other applicable provisions of these Terms.

Termination of an Account or Game Kit does not create a contractual restriction upon truthful criticism or other communication protected by applicable law.

Termination does not prevent FCGI or an applicable rights holder from pursuing any remedy independently available under applicable law for conduct occurring before or after termination.

Subject to applicable law, FCGI and applicable rights holders reserve the right to seek appropriate relief concerning actionable conduct, including correction, removal or disabling of unlawful or infringing material through applicable platform procedures, cease-and-desist demands, preservation requests, takedown procedures, injunctive relief, damages or other judicial or nonjudicial remedies legally available under the circumstances.

Nothing in these Terms authorizes FCGI to require removal of lawful Content merely because FCGI disagrees with, dislikes or is criticized by that Content.

37. INVESTIGATION, ENFORCEMENT, SUSPENSION AND TERMINATION

37.1 ENFORCEMENT AUTHORITY

Subject to applicable law, FCGI may investigate and enforce material violations of these Terms to protect Users, Services, Intellectual Property, Game Kits, Sponsors, Competitions and the integrity of the Full Color® Ecosystem.

37.2 REASONABLE BASIS

FCGI may initiate an investigation when it has a reasonable basis to suspect:

(a) fraud;
(b) cheating;
(c) hacking;
(d) unauthorized access;
(e) security abuse;
(f) Promo Code abuse;
(g) Competition manipulation;
(h) Reward fraud;
(i) Intellectual Property infringement;
(j) unauthorized commercial exploitation;
(k) Game Kit abuse;
(l) impersonation;
(m) ban evasion; or
(n) another material violation.

37.3 INFORMATION REVIEWED

An investigation may involve information lawfully available to FCGI, including:

(a) Account records;
(b) gameplay records;
(c) Game history;
(d) scores;
(e) timestamps;
(f) Game seeds;
(g) Promo Code records;
(h) Device information;
(i) transaction information available to FCGI;
(j) Game Kit activity;
(k) administrative activity;
(l) Competition records;
(m) communications transmitted through FCGI systems where review is lawful;
(n) security logs;
(o) reports from Users or third parties; and
(p) other relevant information.

FCGI's handling of Personal Data remains subject to the Privacy Policy and applicable law.

37.4 PRESERVATION OF EVIDENCE

FCGI may preserve information reasonably believed relevant to:

(a) fraud;
(b) security incidents;
(c) Intellectual Property infringement;
(d) litigation;
(e) anticipated litigation;
(f) regulatory matters;
(g) law-enforcement matters;
(h) contractual disputes;
(i) Competition disputes; or
(j) enforcement of these Terms

to the extent permitted or required by applicable law.

37.5 TEMPORARY RESTRICTIONS

FCGI may temporarily restrict functionality where reasonably necessary to prevent continuing material harm while an investigation is conducted.

37.6 WARNINGS

FCGI may issue a warning for a violation where FCGI determines that a warning is appropriate.

FCGI is not required to issue a warning before acting against serious misconduct where immediate action is reasonably necessary or expressly permitted by these Terms.

37.7 FUNCTIONAL RESTRICTIONS

FCGI may restrict particular functionality rather than terminate an entire Account where a narrower remedy is appropriate.

37.8 SCORE INVALIDATION

FCGI may invalidate a score reasonably determined to have resulted from cheating, fraud, technical manipulation or material violation of applicable Competition rules.

37.9 LEADERBOARD REMOVAL

FCGI may remove an invalid score or ranking from a leaderboard.

37.10 COMPETITION DISQUALIFICATION

FCGI may disqualify a User from an affected Competition where the User materially violates applicable Competition rules.

37.11 REWARD INVALIDATION

FCGI may invalidate a Reward claim obtained through fraud, cheating or material ineligibility.

FCGI will not use this provision to confiscate a legitimately earned Reward merely because FCGI dislikes the winner.

37.12 PROMO CODE INVALIDATION

FCGI may invalidate a Promo Code that is counterfeit, fraudulently obtained, materially abused, expired or otherwise invalid under the applicable campaign.

37.13 ACCOUNT SUSPENSION

FCGI may suspend an Account for a material violation where suspension is permitted by applicable law.

37.14 ACCOUNT TERMINATION

FCGI may terminate an Account for serious or repeated material violations of these Terms where termination is permitted by applicable law.

37.15 GAME KIT SUSPENSION

FCGI may suspend Game Kit rights as provided by the applicable Game Kit provisions and commercial agreement.

37.16 GAME KIT TERMINATION

FCGI may terminate Game Kit rights as provided by these Terms and any applicable separate agreement.

37.17 PERMANENT BAN

FCGI may permanently prohibit a person from accessing designated Account-based or licensed Services where FCGI reasonably determines that the person engaged in serious or repeated misconduct warranting permanent exclusion and applicable law permits the exclusion.

Conduct potentially warranting permanent exclusion includes:

(a) intentional hacking;
(b) serious fraud;
(c) theft of FCG-IP;
(d) deliberate distribution of malicious software;
(e) repeated ban evasion;
(f) systematic cheating;
(g) systematic Promo Code fraud;
(h) serious threats or unlawful abuse directed at Users;
(i) serious unauthorized access;
(j) systematic commercial infringement;
(k) counterfeiting;
(l) material exploitation of minors through the Services; or
(m) other comparably serious misconduct.

37.18 DEVICE AND IDENTIFIER BLOCKING

Where reasonably necessary to enforce a valid suspension, termination or permanent ban, FCGI may block or restrict Devices, Accounts or other identifiers reasonably associated with the prohibited access, subject to applicable law and the Privacy Policy.

37.19 NO BAN EVASION

A person subject to a valid suspension, termination or permanent ban may not evade the restriction as prohibited by Section 36.

37.20 ASSOCIATED ACCOUNTS

FCGI may investigate Accounts reasonably believed to be operated or controlled by the same person for purposes of determining whether a suspension, termination, fraud scheme or ban is being evaded.

FCGI will not treat mere technical association as conclusive proof of common control where the circumstances reasonably indicate otherwise.

37.21 NO AUTOMATIC LIABILITY OF HOUSEHOLD MEMBERS

Use of the same household, network, Device type or general location does not automatically establish that different persons are responsible for each other's misconduct.

FCGI may consider the totality of reasonably available information when investigating circumvention.

37.22 REFERRAL TO AUTHORITIES

FCGI may report suspected criminal conduct, security attacks, fraud, exploitation, threats or other unlawful activity to appropriate governmental or law-enforcement authorities where permitted or required by applicable law.

Requests directed to FCGI by governmental, regulatory, judicial, law-enforcement or other public authorities seeking Personal Data or other information are additionally subject to Section 22.20 and the applicable provisions of the Privacy Policy.

37.23 PRESERVATION NOTICES

FCGI may issue or respond to lawful preservation notices concerning information relevant to actual or reasonably anticipated disputes, investigations or legal proceedings.

37.24 CIVIL ENFORCEMENT

FCGI and applicable rights holders reserve the right to pursue civil remedies available under applicable law for conduct including:

(a) copyright infringement;
(b) trademark infringement;
(c) counterfeiting;
(d) trade-secret misappropriation;
(e) breach of contract;
(f) unauthorized access;
(g) fraud;
(h) unfair competition;
(i) false designation of origin;
(j) cybersquatting;
(k) circumvention;
(l) interference with contractual or business rights; or
(m) other actionable conduct.

37.25 DAMAGES

FCGI and applicable rights holders reserve the right to seek actual damages, statutory damages, profits, restitution or other monetary relief where available under applicable law.

37.26 ATTORNEYS' FEES AND COSTS

FCGI and applicable rights holders reserve the right to seek attorneys' fees, costs and expenses where authorized by statute, contract, court rule or other applicable law.

37.27 EQUITABLE RELIEF

A material breach involving Intellectual Property theft, unauthorized disclosure of Confidential Information, hacking, unauthorized access, circumvention, counterfeiting or other serious misuse may cause harm for which monetary damages may be inadequate.

To the fullest extent permitted by applicable law, FCGI and applicable rights holders may seek:

(a) temporary restraining orders;
(b) preliminary injunctions;
(c) permanent injunctions;
(d) specific performance;
(e) impoundment;
(f) seizure or preservation remedies where legally authorized;
(g) orders preventing further disclosure or exploitation; or
(h) other available equitable relief.

37.28 NO-BOND REQUEST

To the fullest extent permitted by applicable law, a person entering into a commercial Game Kit or other licensed relationship acknowledges that serious misuse of FCG-IP or Confidential Information may cause irreparable harm and agrees that FCGI may request equitable relief without bond or with the minimum bond permitted by applicable law.

Nothing in these Terms requires a court to disregard a bond requirement that applicable law or governing procedure makes mandatory.

37.29 EX PARTE RELIEF

Where applicable law independently permits emergency relief without advance notice, FCGI or an applicable rights holder may seek such relief.

Nothing in these Terms independently authorizes a court to dispense with notice where notice is legally required.

37.30 CUMULATIVE REMEDIES

Except where these Terms or applicable law expressly provide otherwise, remedies available to FCGI are cumulative.

Exercise of one remedy does not necessarily preclude another available remedy.

37.31 NO WAIVER THROUGH DELAY

FCGI's failure or delay in enforcing a provision on one occasion does not waive its right to enforce the provision later.

37.32 NO WAIVER THROUGH SELECTIVE ENFORCEMENT

FCGI is not required to pursue every suspected violation simultaneously.

Failure to pursue one person does not create a license for another person to engage in the same conduct.

37.33 NO ENTITLEMENT FROM PREVIOUS TOLERANCE

Previous tolerance of particular conduct does not create a permanent authorization unless FCGI expressly grants one.

37.34 PROPORTIONALITY

FCGI may consider the seriousness, frequency, intent, harm, history and circumstances of a violation when selecting an enforcement response.

37.35 MISTAKES AND CORRECTIONS

FCGI may correct an enforcement decision where reliable information demonstrates that the decision was materially mistaken.

37.36 CONTACT REGARDING ENFORCEMENT

A User may contact FCGI through the support resources available on an Authorized Full Color® Website concerning an Account restriction or enforcement action.

Nothing in this provision creates a formal appeal right beyond any process FCGI provides or applicable law requires.

37.37 SURVIVAL

Termination or suspension does not eliminate obligations concerning:

(a) Intellectual Property;
(b) Confidential Information;
(c) accrued payment obligations;
(d) indemnification where applicable;
(e) dispute resolution;
(f) enforcement;
(g) preserved records;
(h) remedies for prior violations; or
(i) other provisions that by their nature survive.

38. INTELLECTUAL PROPERTY COMPLAINTS, COPYRIGHT NOTICES AND TAKEDOWNS

38.1 RESPECT FOR INTELLECTUAL PROPERTY

FCGI respects valid Intellectual Property rights and expects Users, Game Kit licensees, Sponsors and other participants to do the same.

38.2 COPYRIGHT COMPLAINTS

A rights holder who believes Content available through an FCGI-controlled Service infringes copyright may submit a copyright complaint through the legal, support or Intellectual Property contact resources identified on an Authorized Full Color® Website.

38.3 REQUIRED INFORMATION

FCGI may require a copyright complaint to contain information reasonably necessary to identify:

(a) the copyrighted work claimed to have been infringed;
(b) the allegedly infringing material;
(c) the location of the material;
(d) the complaining party;
(e) the complaining party's authority;
(f) contact information;
(g) a good-faith statement where legally required;
(h) an accuracy or authority statement where legally required; and
(i) a signature where legally required.

38.4 DMCA

Where the Digital Millennium Copyright Act applies, FCGI may process qualifying notices and counter-notices in accordance with applicable United States law.

38.5 DESIGNATED AGENT

Where applicable law requires FCGI to identify or maintain a designated copyright agent, the current agent information may be published through an Authorized Full Color® Website or the applicable United States Copyright Office registration system.

Users should rely upon the then-current published information rather than an outdated copy of these Terms.

38.6 COUNTER-NOTICES

Where applicable law provides a counter-notification procedure, a person whose Content has been removed may use that procedure subject to its legal requirements.

38.7 REPEAT INFRINGEMENT

FCGI may terminate Accounts of repeat infringers in appropriate circumstances as required or permitted by applicable law.

38.8 TRADEMARK COMPLAINTS

A rights holder may submit a trademark complaint through FCGI's applicable legal or support resources.

38.9 COUNTERFEIT COMPLAINTS

FCGI may investigate reports that the Services are being used to distribute or promote counterfeit goods.

38.10 NO KNOWINGLY FALSE NOTICES

A person may not knowingly submit a materially false Intellectual Property complaint for the purpose of improperly removing lawful Content.

Liability for false notices is determined by applicable law.

38.11 NO DETERMINATION OF ULTIMATE RIGHTS

FCGI's administrative decision to remove, disable, restore or leave Content accessible does not constitute a judicial determination of ultimate Intellectual Property ownership or infringement.

38.12 FCGI ENFORCEMENT NOTICES

FCGI or an applicable Full Color® rights holder may send cease-and-desist notices, platform infringement reports, DMCA notices, trademark complaints, domain disputes or other lawful enforcement communications concerning suspected infringement of FCG-IP.

38.13 PLATFORM TAKEDOWNS

FCGI may submit infringement reports to:

(a) application marketplaces;
(b) social-media platforms;
(c) hosting providers;
(d) domain registrars;
(e) search engines;
(f) payment providers;
(g) marketplaces;
(h) advertising platforms; or
(i) other intermediaries

where FCGI has a good-faith basis to assert a legally cognizable violation.

38.14 DOMAIN-NAME PROCEEDINGS

FCGI or an applicable rights holder may pursue available domain-name remedies concerning registrations that allegedly violate applicable trademark or cybersquatting law.

38.15 PRESERVATION OF RIGHTS

Nothing in this Section limits FCGI or an applicable rights holder to administrative takedown procedures where judicial or other legal remedies are available.

39. SERVICE AVAILABILITY, MODIFICATION AND DEVELOPMENT

39.1 EVOLVING SERVICE

The Full Color® Ecosystem is an evolving collection of Games, software, Game Kits, features and Services.

FCGI may develop and modify the Services over time.

39.2 NO GUARANTEE OF EVERY FEATURE

FCGI does not guarantee that every feature described in:

(a) marketing materials;
(b) Help Center materials;
(c) development materials;
(d) screenshots;
(e) demonstrations;
(f) Game Kit descriptions;
(g) announcements; or
(h) these Terms

will remain available permanently.

39.3 FEATURE MODIFICATIONS

Subject to applicable law and existing contractual commitments, FCGI may:

(a) add features;
(b) modify features;
(c) improve features;
(d) rename features;
(e) combine features;
(f) replace features;
(g) discontinue features; or
(h) change technical implementations.

39.4 GAME MODIFICATIONS

FCGI may modify Games, including:

(a) interfaces;
(b) levels;
(c) card-set availability;
(d) visual presentation;
(e) scoring presentation;
(f) statistics;
(g) tutorials;
(h) technical implementation; or
(i) other features.

Material changes affecting purchased entitlements remain subject to applicable law.

39.5 GAME KIT MODIFICATIONS

FCGI may modify Game Kit functionality to address:

(a) technical development;
(b) User feedback;
(c) educational requirements;
(d) Sponsor requirements;
(e) security;
(f) privacy;
(g) fraud;
(h) legal compliance;
(i) platform requirements; or
(j) other legitimate product needs.

39.6 TEMPORARY INTERRUPTIONS

The Services may occasionally be unavailable because of:

(a) maintenance;
(b) updates;
(c) outages;
(d) network failures;
(e) third-party service failures;
(f) security incidents;
(g) software defects;
(h) infrastructure changes;
(i) emergencies; or
(j) events beyond FCGI's reasonable control.

39.7 NO CONTINUOUS-UPTIME GUARANTEE

Unless a separate written service-level agreement expressly provides otherwise, FCGI does not guarantee uninterrupted or error-free availability of the Services.

39.8 MAINTENANCE

FCGI may temporarily suspend functionality for maintenance, security, updates or repairs.

39.9 SECURITY CHANGES

FCGI may modify or disable functionality where reasonably necessary to address a security vulnerability or active threat.

39.10 LEGAL AND REGULATORY CHANGES

FCGI may modify, restrict or discontinue functionality in a jurisdiction where reasonably necessary to respond to:

(a) new legislation;
(b) regulation;
(c) governmental requirements;
(d) court orders;
(e) platform rules;
(f) privacy requirements;
(g) child-protection requirements;
(h) gaming or promotional laws; or
(i) other legal developments.

39.11 JURISDICTION-SPECIFIC AVAILABILITY

A Game, Game Kit, Reward, Competition, purchase or feature may be available in one jurisdiction and unavailable in another.

39.12 NO RIGHT TO FUTURE FEATURES

A User does not acquire a contractual right to an announced, proposed, experimental or anticipated future feature unless FCGI expressly commits to provide it through an applicable binding agreement.

39.13 BETA FEATURES

FCGI may designate certain functionality as:

(a) beta;
(b) preview;
(c) experimental;
(d) prerelease;
(e) test; or
(f) similar developmental functionality.

39.14 BETA RISKS

Beta functionality may:

(a) contain errors;
(b) change substantially;
(c) be incomplete;
(d) lose data;
(e) be discontinued; or
(f) operate differently from production functionality.

39.15 NO RELIANCE ON BETA FOR CRITICAL PURPOSES

Users should not rely upon beta functionality for a purpose where failure would create material legal, financial, safety or operational harm unless FCGI expressly agrees otherwise.

39.16 FEEDBACK ON BETA FEATURES

Feedback concerning beta functionality is subject to Section 35 unless separate beta terms provide otherwise.

39.17 PRERELEASE CONFIDENTIALITY

FCGI may condition access to nonpublic prerelease functionality upon additional confidentiality obligations.

39.18 DISCONTINUATION

FCGI may discontinue a Service subject to applicable law and any binding obligations applicable to paid entitlements.

40. THIRD-PARTY SERVICES AND CONTENT

40.1 THIRD-PARTY SERVICES

The Full Color® Ecosystem may interact with services provided by third parties.

40.2 EXAMPLES

Third-party services may include:

(a) Apple;
(b) the Apple App Store;
(c) Apple Game Center;
(d) Apple push-notification infrastructure;
(e) cloud-service providers;
(f) communications providers;
(g) customer-support platforms;
(h) analytics providers;
(i) authentication providers;
(j) Sponsors;
(k) external websites;
(l) payment infrastructure; or
(m) other technology providers.

40.3 SEPARATE THIRD-PARTY TERMS

Use of a third-party service may be subject to the third party's own terms and privacy practices.

40.4 NO OWNERSHIP THROUGH THIRD-PARTY HOSTING

Use of a third-party provider to host or transmit Full Color® Content does not transfer ownership of that Content to the provider or to Users.

40.5 EXTERNAL LINKS

The Services may contain links to third-party websites or services.

A link does not necessarily constitute FCGI endorsement of all Content, products, services or practices of the linked third party.

40.6 SPONSOR LINKS

Sponsor Kit may include links to Sponsor websites or services.

Once a User leaves an FCGI-controlled Service and interacts directly with a Sponsor's independent service, the Sponsor's applicable terms and privacy practices may govern that interaction.

40.7 THIRD-PARTY PRODUCTS

FCGI is not responsible for manufacturing, quality control, warranty or fulfillment of an independent third-party product merely because that product is advertised, linked or offered as a Reward through an authorized Game Kit.

40.8 THIRD-PARTY OUTAGES

FCGI is not responsible for a third-party service outage to the extent the outage is outside FCGI's reasonable control, subject to any rights Users possess under applicable law.

40.9 APPLE SERVICES

Availability of Apple-dependent functionality may depend upon Apple's systems, policies, Accounts, operating systems and technical requirements.

40.10 GAME CENTER

Game Center functionality is supplied in part through Apple's services.

FCGI does not control every aspect of Game Center availability or operation.

40.11 PUSH-NOTIFICATION PROVIDERS

FCGI may use authorized third-party service providers to facilitate push notifications.

The applicable data practices are described in the Privacy Policy.

40.12 CUSTOMER-SUPPORT INFRASTRUCTURE

FCGI may use third-party infrastructure to provide Help Center, ticketing or customer-support functionality.

A support website hosted by a third-party provider may nevertheless constitute an Authorized Full Color® Website where FCGI controls or authorizes the Full Color® Content and service.

40.13 THIRD-PARTY CONTENT

Third-party Content remains subject to the rights of its applicable owner.

Nothing in these Terms transfers third-party Intellectual Property to FCGI or a User.

40.14 USER RESPONSIBILITY FOR THIRD-PARTY TERMS

Users are responsible for complying with third-party terms applicable to third-party services they elect to use in connection with the Full Color® Ecosystem.

41. DISCLAIMERS AND NO PERFORMANCE GUARANTEE

41.1 MANDATORY RIGHTS PRESERVED

THE DISCLAIMERS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS DISCLAIMS A WARRANTY, GUARANTEE, DUTY OR REMEDY THAT APPLICABLE LAW PROHIBITS FCGI FROM DISCLAIMING.

41.2 SERVICES PROVIDED AS AVAILABLE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT TO THE EXTENT FCGI EXPRESSLY PROVIDES A DIFFERENT WRITTEN WARRANTY.

41.3 NO IMPLIED WARRANTIES WHERE DISCLAIMABLE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI DISCLAIMS IMPLIED WARRANTIES THAT MAY OTHERWISE APPLY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

41.4 NO GUARANTEE OF UNINTERRUPTED SERVICE

FCGI DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE OR AVAILABLE AT EVERY LOCATION OR TIME.

41.5 NO GUARANTEE OF ERROR-FREE SOFTWARE

SOFTWARE MAY CONTAIN ERRORS OR DEFECTS.

FCGI MAY CORRECT ERRORS THROUGH UPDATES, PATCHES OR OTHER MODIFICATIONS.

41.6 NO GUARANTEE OF PARTICULAR GAME OUTCOME

FCGI DOES NOT GUARANTEE THAT A USER WILL:

(a) WIN A GAME;
(b) COMPLETE A GAME;
(c) ACHIEVE A PARTICULAR SCORE;
(d) ACHIEVE A PARTICULAR RANK;
(e) WIN A COMPETITION;
(f) RECEIVE A REWARD; OR
(g) ACHIEVE A PARTICULAR PERFORMANCE RESULT.

41.7 NO GUARANTEE OF SKILL IMPROVEMENT

FCGI DOES NOT GUARANTEE THAT PLAYING FULL COLOR® GAMES WILL PRODUCE A PARTICULAR IMPROVEMENT IN:

(a) LOGIC;
(b) MATHEMATICS;
(c) MEMORY;
(d) SPEED;
(e) DEDUCTIVE REASONING;
(f) EDUCATIONAL PERFORMANCE;
(g) COGNITIVE PERFORMANCE; OR
(h) ANOTHER SKILL.

41.8 NO PROFESSIONAL EDUCATIONAL WARRANTY

SCHOOL KIT AND OTHER EDUCATIONAL FUNCTIONALITY ARE TOOLS.

FCGI DOES NOT WARRANT THAT USE OF THE SERVICES WILL SATISFY A PARTICULAR SCHOOL, DISTRICT, ACCREDITATION, CURRICULUM OR GOVERNMENTAL REQUIREMENT.

41.9 NO MEDICAL WARRANTY

THE SERVICES ARE NOT REPRESENTED AS MEDICAL DIAGNOSIS OR TREATMENT TOOLS UNLESS FCGI EXPRESSLY STATES OTHERWISE PURSUANT TO APPLICABLE LAW.

41.10 NO BUSINESS-PERFORMANCE GUARANTEE

FCGI DOES NOT GUARANTEE THAT A SPONSOR, PARTNER, INFLUENCER, AMBASSADOR, Marketing Kit LICENSEE OR OTHER COMMERCIAL PARTICIPANT WILL ACHIEVE:

(a) A PARTICULAR NUMBER OF DOWNLOADS;
(b) A PARTICULAR NUMBER OF USERS;
(c) A PARTICULAR NUMBER OF PROMO CODE REDEMPTIONS;
(d) A PARTICULAR ENGAGEMENT RATE;
(e) A PARTICULAR AMOUNT OF GAMEPLAY;
(f) A PARTICULAR CONVERSION RATE;
(g) A PARTICULAR NUMBER OF SUBSCRIPTIONS;
(h) A PARTICULAR NUMBER OF PURCHASES;
(i) A PARTICULAR AMOUNT OF REVENUE;
(j) A PARTICULAR RETURN ON INVESTMENT;
(k) A PARTICULAR ADVERTISING RESULT; OR
(l) ANY OTHER PARTICULAR COMMERCIAL OUTCOME.

41.11 NO INFLUENCER PERFORMANCE GUARANTEE

FCGI DOES NOT GUARANTEE THAT AN INFLUENCER OR OTHER PROMOTER WILL GENERATE ANY PARTICULAR NUMBER OF DOWNLOADS, USERS, SUBSCRIPTIONS, PURCHASES OR OTHER RESULTS.

41.12 NO SPONSOR CAMPAIGN PERFORMANCE GUARANTEE

FCGI DOES NOT GUARANTEE THAT A SPONSOR KIT CAMPAIGN WILL ACHIEVE ANY PARTICULAR COMMERCIAL, MARKETING, ENGAGEMENT, REVENUE OR BRAND RESULT UNLESS A SEPARATE WRITTEN AGREEMENT EXPRESSLY PROVIDES A SPECIFIC GUARANTEE.

41.13 ANALYTICS

ANALYTICS, STATISTICS, REPORTS, ESTIMATES AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE INTENDED TO SUPPORT THE APPLICABLE FUNCTIONALITY.

FCGI DOES NOT WARRANT THAT EVERY ANALYTIC, STATISTIC OR REPORT WILL BE FREE FROM TECHNICAL, COMPUTATIONAL, DATA-QUALITY OR PRESENTATION ERRORS.

41.14 LEADERBOARDS

FCGI USES REASONABLE SYSTEMS TO MAINTAIN GAMEPLAY AND LEADERBOARD INTEGRITY.

FCGI DOES NOT WARRANT THAT EVERY FRAUDULENT OR MANIPULATED RESULT WILL BE IDENTIFIED IMMEDIATELY.

41.15 COMPETITIONS

FCGI DOES NOT WARRANT THAT A COMPETITION WILL BE FREE FROM EVERY INSTANCE OF CHEATING, COLLUSION, TECHNICAL FAILURE OR OTHER MISCONDUCT.

FCGI MAY INVESTIGATE AND CORRECT RESULTS AS PROVIDED BY THESE TERMS.

41.16 THIRD-PARTY REWARDS

FCGI DOES NOT WARRANT A THIRD-PARTY REWARD EXCEPT TO THE EXTENT FCGI EXPRESSLY ASSUMES SUCH AN OBLIGATION OR APPLICABLE LAW PROVIDES OTHERWISE.

41.17 THIRD-PARTY SERVICES

FCGI DOES NOT CONTROL OR WARRANT THE CONTINUOUS OPERATION OF INDEPENDENT THIRD-PARTY SERVICES.

41.18 THIRD-PARTY WEBSITES

FCGI DOES NOT WARRANT THE CONTENT, SECURITY, AVAILABILITY OR PRACTICES OF AN INDEPENDENT THIRD-PARTY WEBSITE MERELY BECAUSE THE SERVICES CONTAIN A LINK TO IT.

41.19 USER CONTENT

FCGI DOES NOT ENDORSE OR WARRANT USER CONTENT MERELY BECAUSE THE CONTENT IS ACCESSIBLE THROUGH THE SERVICES.

41.20 SPONSOR CONTENT

FCGI DOES NOT WARRANT THE ACCURACY OF EVERY STATEMENT MADE BY A SPONSOR IN SPONSOR CONTENT.

SPONSORS REMAIN RESPONSIBLE FOR THEIR OWN REPRESENTATIONS AS PROVIDED BY THESE TERMS.

41.21 NO LEGAL ADVICE

THE SERVICES, HELP CENTER, GAME KIT MATERIALS, EDUCATIONAL MATERIALS AND THESE TERMS DO NOT PROVIDE LEGAL ADVICE TO A SPONSOR, SCHOOL, INSTITUTION, USER OR OTHER PERSON CONCERNING THAT PERSON'S INDEPENDENT LEGAL OBLIGATIONS.

41.22 NO TAX ADVICE

FCGI DOES NOT PROVIDE TAX ADVICE CONCERNING REWARDS, COMPENSATION, GAME KIT ACTIVITY OR OTHER TRANSACTIONS.

41.23 NO PROFESSIONAL ADVICE

UNLESS EXPRESSLY STATED OTHERWISE, CONTENT PROVIDED THROUGH THE SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL, TAX, MEDICAL, FINANCIAL, EDUCATIONAL OR OTHER PROFESSIONAL ADVICE.

41.24 JURISDICTIONAL LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF PARTICULAR WARRANTIES.

IN THOSE JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

42. LIMITATION OF LIABILITY

42.1 APPLICATION

THIS SECTION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

42.2 NONEXCLUDABLE LIABILITY

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIABILITY FROM BEING EXCLUDED OR LIMITED.

42.3 CONSUMER RIGHTS

NOTHING IN THIS SECTION LIMITS A MANDATORY CONSUMER REMEDY THAT APPLICABLE LAW DOES NOT PERMIT FCGI TO WAIVE.

42.4 EXCLUDED CATEGORIES OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI AND ITS APPLICABLE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WHERE SUCH DAMAGES MAY LAWFULLY BE EXCLUDED.

42.5 LOST PROFITS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI WILL NOT BE LIABLE FOR LOST PROFITS ARISING FROM A USER'S USE OR INABILITY TO USE THE SERVICES, EXCEPT WHERE A SEPARATE WRITTEN COMMERCIAL AGREEMENT EXPRESSLY PROVIDES OTHERWISE OR SUCH LIABILITY CANNOT LAWFULLY BE LIMITED.

42.6 LOST REVENUE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI WILL NOT BE LIABLE FOR LOST REVENUE ARISING FROM THE SERVICES EXCEPT WHERE A SEPARATE WRITTEN AGREEMENT EXPRESSLY PROVIDES OTHERWISE OR APPLICABLE LAW PROHIBITS THE LIMITATION.

42.7 LOST BUSINESS OPPORTUNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI WILL NOT BE LIABLE FOR LOSS OF AN ANTICIPATED BUSINESS OPPORTUNITY ARISING FROM:

(a) A GAME KIT APPLICATION;
(b) REJECTION OF A GAME KIT APPLICATION;
(c) A SPONSOR KIT CAMPAIGN;
(d) AN INFLUENCER KIT;
(e) A PARTNER KIT;
(f) A Promotional Kit;
(g) A Marketing Kit; OR
(h) ANOTHER OPTIONAL COMMERCIAL PROGRAM,

EXCEPT TO THE EXTENT AN APPLICABLE WRITTEN COMMERCIAL AGREEMENT EXPRESSLY PROVIDES OTHERWISE.

42.8 LOSS OF GOODWILL

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSS OF GOODWILL ARISING FROM USE OF THE SERVICES.

42.9 LOSS OF DATA

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI WILL NOT BE LIABLE FOR CONSEQUENTIAL LOSS ARISING FROM LOSS OR CORRUPTION OF DATA WHERE THE LOSS WAS NOT CAUSED BY LIABILITY THAT APPLICABLE LAW PROHIBITS FCGI FROM LIMITING.

42.10 THIRD-PARTY CONDUCT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI IS NOT LIABLE FOR THE INDEPENDENT ACTS OR OMISSIONS OF:

(a) SPONSORS;
(b) SCHOOLS;
(c) INSTITUTIONS;
(d) PARTY KIT HOSTS;
(e) INFLUENCERS;
(f) AMBASSADORS;
(g) PARTNERS;
(h) REWARD PROVIDERS;
(i) OTHER USERS; OR
(j) INDEPENDENT THIRD-PARTY SERVICES

MERELY BECAUSE THEY INTERACT WITH THE FULL COLOR® ECOSYSTEM.

42.11 SPONSOR REWARDS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI IS NOT LIABLE FOR A SPONSOR'S FAILURE TO PROVIDE A SPONSOR-PROVIDED REWARD UNLESS FCGI EXPRESSLY ASSUMED THE FULFILLMENT OBLIGATION.

42.12 THIRD-PARTY PRODUCTS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI IS NOT LIABLE FOR DEFECTS IN AN INDEPENDENT THIRD-PARTY PRODUCT MERELY BECAUSE THE PRODUCT WAS OFFERED AS A REWARD OR PROMOTED THROUGH A GAME KIT.

42.13 USER MISCONDUCT

FCGI IS NOT RESPONSIBLE FOR LOSS CAUSED BY A USER'S OWN:

(a) CHEATING;
(b) FRAUD;
(c) ACCOUNT SHARING;
(d) DISCLOSURE OF CREDENTIALS;
(e) UNAUTHORIZED MODIFICATION OF THE APP;
(f) USE OF MALWARE;
(g) CIRCUMVENTION;
(h) VIOLATION OF COMPETITION RULES; OR
(i) OTHER MATERIAL VIOLATION OF THESE TERMS,

EXCEPT TO THE EXTENT APPLICABLE LAW PROVIDES OTHERWISE.

42.14 NO LIABILITY FOR VALID ENFORCEMENT CONSEQUENCES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI IS NOT LIABLE FOR LOSS OF ACCESS, SCORES, RANKINGS, PROMOTIONAL ENTITLEMENTS OR OTHER BENEFITS RESULTING FROM A VALID ENFORCEMENT ACTION TAKEN IN ACCORDANCE WITH THESE TERMS.

42.15 LIABILITY CAP FOR ORDINARY CONSUMER CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI'S AGGREGATE MONETARY LIABILITY TO AN INDIVIDUAL CONSUMER ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT THE USER ACTUALLY PAID TO FCGI OR THROUGH AN AUTHORIZED APP STORE FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED UNITED STATES DOLLARS (US $100).

THIS LIMIT DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS THE LIMITATION.

42.16 FREE USERS

FOR A USER WHO PAID NOTHING FOR THE AFFECTED SERVICE DURING THE RELEVANT TWELVE-MONTH PERIOD, THE US $100 ALTERNATIVE IN SECTION 42.15 APPLIES TO THE EXTENT PERMITTED BY LAW.

42.17 COMMERCIAL GAME KIT LIABILITY

LIABILITY ARISING FROM A PAID SPONSOR KIT, PARTNER KIT, INFLUENCER KIT OR OTHER COMMERCIAL GAME KIT MAY BE SUBJECT TO A DIFFERENT LIABILITY CAP OR RISK ALLOCATION ESTABLISHED BY THE APPLICABLE WRITTEN COMMERCIAL AGREEMENT.

42.18 COMMERCIAL AGREEMENT CONTROLS

WHERE AN APPLICABLE COMMERCIAL AGREEMENT EXPRESSLY ESTABLISHES A DIFFERENT LIABILITY CAP, EXCLUSION OR RISK ALLOCATION, THAT AGREEMENT CONTROLS THE COMMERCIAL RELATIONSHIP TO THE EXTENT OF THE EXPRESS CONFLICT.

42.19 MULTIPLE CLAIMS

MULTIPLE CLAIMS ARISING FROM THE SAME OR RELATED EVENTS DO NOT MULTIPLY AN OTHERWISE APPLICABLE AGGREGATE LIABILITY CAP.

42.20 ESSENTIAL BASIS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITATIONS IN THESE TERMS REFLECT THE ALLOCATION OF RISK UNDERLYING THE AVAILABILITY AND PRICING OF THE SERVICES.

42.21 EXCEPTIONS

NO LIMITATION IN THESE TERMS APPLIES TO:

(a) LIABILITY THAT CANNOT LAWFULLY BE LIMITED;
(b) RIGHTS THAT CANNOT LAWFULLY BE WAIVED; OR
(c) AN EXPRESS LIABILITY UNDERTAKEN BY FCGI IN A SEPARATE WRITTEN AGREEMENT TO THE EXTENT THAT AGREEMENT PROVIDES OTHERWISE.

42.22 JURISDICTIONAL SAVINGS CLAUSE

IF A JURISDICTION DOES NOT PERMIT A PARTICULAR EXCLUSION OR LIMITATION, THAT EXCLUSION OR LIMITATION WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THAT JURISDICTION'S LAW.

43. INDEMNIFICATION

43.1 CONSUMER APPLICATION

This Section does not require an individual consumer to indemnify FCGI to an extent prohibited by applicable consumer law.

43.2 CONSUMER RESPONSIBILITY FOR THIRD-PARTY CLAIMS

To the fullest extent permitted by applicable law, a User who intentionally or unlawfully uses the Services in a manner that causes a third-party claim against FCGI may be responsible for losses legally attributable to that User's conduct.

43.3 NO BLANKET CONSUMER INDEMNITY

These Terms do not impose an unlimited blanket indemnification obligation upon an ordinary individual consumer merely for using the App.

43.4 BUSINESS AND ORGANIZATIONAL INDEMNIFICATION

To the fullest extent permitted by applicable law, a business, Sponsor, Partner, Game Kit licensee or other organizational licensee shall defend, indemnify and hold harmless FCGI and its applicable directors, officers, employees, agents, licensors and representatives from third-party claims arising from or relating to the indemnifying party's:

(a) Content;
(b) campaigns;
(c) advertising;
(d) Rewards;
(e) products;
(f) services;
(g) privacy violations;
(h) data collection;
(i) Intellectual Property infringement;
(j) material misrepresentations;
(k) unlawful communications;
(l) unauthorized commercial exploitation;
(m) material breach of these Terms;
(n) employees;
(o) agents;
(p) contractors; or
(q) other conduct for which the indemnifying party is legally responsible.

43.5 SPONSOR INDEMNIFICATION

Without limiting Section 43.4, a Sponsor shall indemnify FCGI for qualifying third-party claims arising from Sponsor Content, Sponsor Rewards, Sponsor products, Sponsor services, Sponsor advertising, Sponsor-controlled data practices or Sponsor violations of law.

43.6 GAME KIT ADMINISTRATORS

An organizational Game Kit licensee is responsible, to the extent provided by applicable law and the applicable agreement, for actions undertaken by its authorized administrators within the scope of their administration.

43.7 INTELLECTUAL PROPERTY CLAIMS

A commercial licensee shall defend and indemnify FCGI against qualifying third-party Intellectual Property claims arising from Content supplied by that licensee where the claim results from FCGI's authorized use of the supplied Content within the scope contemplated by the applicable agreement.

43.8 PRIVACY CLAIMS

A commercial Game Kit licensee shall defend and indemnify FCGI against qualifying third-party claims arising from the licensee's independent unlawful collection, use, disclosure, sale or sharing of Personal Data.

43.9 REWARD CLAIMS

A Reward provider shall defend and indemnify FCGI against qualifying third-party claims arising from the provider's Reward, fulfillment, representations or legal compliance, except to the extent the claim was caused by FCGI conduct for which FCGI is independently legally responsible.

43.10 NOTICE

A party seeking contractual indemnification should provide reasonably prompt notice of a covered claim.

Delay in notice reduces the indemnifying party's obligation only to the extent the delay materially prejudices the defense, unless an applicable commercial agreement lawfully provides otherwise.

43.11 CONTROL OF DEFENSE

The indemnifying party may control the defense of a covered third-party claim subject to:

(a) use of reasonably qualified counsel;
(b) reasonable cooperation;
(c) protection of FCGI's independent interests; and
(d) any different procedure established in the applicable commercial agreement.

43.12 FCGI PARTICIPATION

FCGI may participate in the defense of a covered claim through counsel of its choosing.

Responsibility for the cost of separate counsel is determined by applicable law and the applicable agreement.

43.13 NO SETTLEMENT IMPOSING OBLIGATIONS ON FCGI

An indemnifying party may not settle a claim in a manner that:

(a) admits wrongdoing by FCGI;
(b) imposes nonmonetary obligations upon FCGI;
(c) restricts FCGI's business or Intellectual Property rights; or
(d) requires FCGI to pay money not covered by the indemnifying party

without FCGI's prior written consent, which shall not be unreasonably withheld where applicable law requires reasonableness.

43.14 COOPERATION

FCGI will provide reasonable cooperation concerning a covered claim at the indemnifying party's reasonable expense, subject to applicable law and protection of privileged, confidential and unrelated information.

43.15 SURVIVAL

Indemnification obligations concerning conduct occurring during the applicable relationship survive termination to the extent necessary to give effect to those obligations.

44. APPLE APP STORE AND APPLE-SPECIFIC TERMS

44.1 APPLE DISTRIBUTION

The App is currently distributed through the Apple App Store for supported Apple devices.

This Section applies to use of an App obtained through Apple.

44.2 PARTIES TO THE AGREEMENT

You acknowledge that these Terms are between you and FCGI.

Apple Inc. and its subsidiaries are not parties to these Terms.

44.3 FCGI RESPONSIBILITY

As between FCGI and Apple, FCGI, not Apple, is solely responsible for the App and its Content to the extent required by the applicable App Store terms.

44.4 APPLE USAGE RULES

Your license to use the App is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the applicable Apple Media Services Terms and Conditions, except to the extent applicable Apple rules permit access through Family Sharing, volume purchasing or another Apple-authorized mechanism.

44.5 MAINTENANCE AND SUPPORT

As between Apple and FCGI, FCGI is solely responsible for providing maintenance and support services for the App to the extent required by these Terms or applicable law.

Apple has no obligation to furnish maintenance or support services for the App.

44.6 WARRANTY

To the extent any warranty exists under applicable law or these Terms and is not effectively disclaimed, FCGI is responsible for that warranty as between FCGI and Apple.

44.7 APPLE REFUND OBLIGATION

If the App fails to conform to an applicable warranty, a User may notify Apple.

Where required under Apple's applicable terms, Apple may refund the purchase price paid for the App, if any.

To the maximum extent permitted by applicable law, Apple has no other warranty obligation concerning the App.

44.8 PRODUCT CLAIMS

As between FCGI and Apple, FCGI, not Apple, is responsible for addressing claims by the User or a third party relating to the App or the User's possession or use of the App, including:

(a) product-liability claims;
(b) claims that the App fails to conform to an applicable legal or regulatory requirement; and
(c) claims arising under consumer-protection, privacy or similar legislation,

in each case subject to these Terms and applicable law.

44.9 INTELLECTUAL PROPERTY CLAIMS

If a third party claims that the App or the User's possession and use of the App infringes that third party's Intellectual Property rights, as between Apple and FCGI, FCGI, not Apple, is responsible for the investigation, defense, settlement and discharge of such Intellectual Property infringement claim to the extent required by applicable law and Apple's applicable terms.

44.10 LEGAL COMPLIANCE REPRESENTATION

You represent that:

(a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
(b) you are not listed on any United States Government list of prohibited or restricted parties,

to the extent this representation is required by Apple's applicable minimum terms or applicable law.

44.11 DEVELOPER CONTACT INFORMATION

Questions, complaints or claims concerning the App may be directed to:

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, Nevada 89108
United States

All relevant contact information is found herein this Terms and Conditions, EULA and our Privacy Policies.

Additional current support information may be obtained through the support resources available on an Authorized Full Color® Website.

44.12 THIRD-PARTY AGREEMENTS

You must comply with applicable third-party agreement terms when using the App.

This includes applicable Apple terms governing your use of Apple services.

44.13 APPLE AS THIRD-PARTY BENEFICIARY

You and FCGI acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of the Apple-specific provisions of these Terms.

Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce the applicable Apple-specific provisions against you as a third-party beneficiary to the extent provided by Apple's applicable requirements.

44.14 NO EXPANSION OF APPLE LIABILITY

Nothing in these Terms is intended to impose obligations upon Apple beyond obligations Apple independently assumes under applicable law or Apple's own agreements.

44.15 APPLE SERVICES REMAIN SEPARATE

Apple Game Center, Apple Account services, Apple push-notification services, Apple in-app purchases and other Apple functionality remain Apple services.

FCGI's integration with those services does not transfer ownership of FCG-IP to Apple.

45. GOVERNING LAW

45.1 NEVADA LAW

Except to the extent applicable mandatory law requires otherwise, these Terms and disputes arising from or relating to these Terms, the App, Services or Full Color® Ecosystem are governed by the laws of the State of Nevada, United States, without regard to Nevada conflict-of-law principles that would require application of another jurisdiction's law.

45.2 MANDATORY CONSUMER LAW

If you are a consumer residing in a jurisdiction whose mandatory law gives you protections that cannot lawfully be displaced by a Nevada governing-law provision, those mandatory protections remain applicable to the extent required by law.

45.3 NO CONTRACTUAL EVASION OF NONWAIVABLE LAW

The selection of Nevada law is not intended to deprive a User of a substantive right that applicable law prohibits the User from waiving by contract.

45.4 UNITED STATES FEDERAL LAW

Applicable United States federal law governs matters within federal jurisdiction, including applicable federal Intellectual Property law.

45.5 INTELLECTUAL PROPERTY RIGHTS

Ownership, validity, registration, infringement and enforcement of Intellectual Property rights may also be governed by the laws of the jurisdiction in which protection is asserted.

Nothing in this governing-law provision creates Intellectual Property protection where applicable law does not provide it.

46. INFORMAL DISPUTE RESOLUTION

46.1 PURPOSE

Before commencing formal dispute resolution, FCGI and a User should ordinarily attempt in good faith to resolve the dispute informally where doing so is reasonably practicable.

46.2 NOTICE OF DISPUTE

Except for disputes exempted below, a party intending to commence arbitration should first provide the other party with a written Notice of Dispute.

46.3 USER NOTICE TO FCGI

A User may submit a Notice of Dispute through the legal or dispute contact method then identified through an Authorized Full Color® Website or by mail to:

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, Nevada 89108
United States

46.4 FCGI NOTICE TO USER

FCGI may send a Notice of Dispute to the contact information reasonably associated with the User's Account where applicable.

46.5 CONTENTS OF NOTICE

A Notice of Dispute should reasonably identify:

(a) the person asserting the dispute;
(b) the Account involved, if applicable;
(c) the nature of the dispute;
(d) the material facts;
(e) the relief requested; and
(f) information reasonably sufficient to permit the recipient to evaluate the dispute.

46.6 GOOD-FAITH DISCUSSION

Following receipt of a sufficient Notice of Dispute, the parties will attempt in good faith to resolve the dispute informally before commencing arbitration.

46.7 INFORMAL RESOLUTION PERIOD

Unless applicable law requires otherwise, either party may commence arbitration if the dispute has not been resolved within thirty days after receipt of a sufficient Notice of Dispute.

The parties may agree to extend that period.

46.8 TOLLING

Where permitted by applicable law, an applicable limitations period will be tolled during the thirty-day informal resolution period to the extent necessary to prevent the required informal process from extinguishing a claim.

46.9 EXCEPTIONS

The informal dispute process is not required before a party seeks:

(a) emergency equitable relief;
(b) a temporary restraining order;
(c) preliminary injunctive relief;
(d) relief concerning active hacking or unauthorized access;
(e) relief concerning threatened disclosure of Confidential Information;
(f) relief concerning ongoing Intellectual Property infringement where delay would create material harm;
(g) relief necessary to preserve evidence; or
(h) another form of emergency or provisional relief where advance informal resolution is impracticable.

47. INDIVIDUAL CONSUMER ARBITRATION

47.1 AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FCGI AGREE THAT COVERED CONSUMER DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE APP OR THE SERVICES WILL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN A JURY TRIAL OR CLASS ACTION.

47.2 SCOPE

Subject to the exceptions in these Terms, the arbitration agreement applies to claims arising from or relating to:

(a) these Terms;
(b) the App;
(c) an Account;
(d) purchases;
(e) subscriptions;
(f) Promo Codes;
(g) gameplay;
(h) Game Kits;
(i) Competitions;
(j) Rewards;
(k) User Content;
(l) the Services; or
(m) the relationship between the User and FCGI concerning the Full Color® Ecosystem.

47.3 CLAIMS UNDER DIFFERENT LEGAL THEORIES

The arbitration agreement applies regardless of whether a covered claim is characterized as:

(a) contract;
(b) tort;
(c) statute;
(d) regulation;
(e) consumer protection;
(f) misrepresentation;
(g) restitution;
(h) equity; or
(i) another legal theory,

except for claims expressly excluded from arbitration.

47.4 FEDERAL ARBITRATION ACT

To the extent applicable, the arbitration agreement is governed by the United States Federal Arbitration Act.

47.5 INDIVIDUAL PROCEEDINGS

Covered arbitration will be conducted on an individual basis.

The arbitrator may award relief available to the individual claimant under applicable law.

47.6 ARBITRATION ADMINISTRATOR

Unless the parties agree otherwise, consumer arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute and in effect when arbitration is commenced, as modified by these Terms to the extent lawful.

47.7 CONSUMER RULES

Where the AAA Consumer Arbitration Rules apply, the arbitration will proceed under those rules subject to applicable law.

47.8 CONFLICT WITH MANDATORY ARBITRATION RULES

If a provision of these Terms conflicts with a mandatory requirement of the applicable arbitration rules that cannot lawfully be modified, the mandatory requirement controls.

47.9 ARBITRATOR AUTHORITY

Subject to applicable law, the arbitrator has authority to resolve disputes concerning the interpretation and application of these Terms to the merits of a covered individual claim.

47.10 COURT AUTHORITY OVER ARBITRATION FORMATION

A court of competent jurisdiction may decide a dispute concerning whether an arbitration agreement was ever formed or whether a person ever agreed to arbitrate where applicable law assigns that issue to a court.

47.11 SEVERABILITY QUESTIONS

Questions concerning enforceability or severability of the class-action waiver or representative-action waiver will be decided by a court where applicable law requires judicial determination.

47.12 HEARING LOCATION

For an individual consumer, any in-person arbitration hearing will occur at a location reasonably convenient to the consumer where required by applicable arbitration rules or mandatory law.

The parties may agree to conduct proceedings by telephone, video conference, written submissions or another permitted method.

47.13 ARBITRATION FEES

Allocation of arbitration filing, administrative and arbitrator fees will be governed by applicable law and the applicable AAA consumer rules.

FCGI will pay fees that applicable law or the applicable arbitration rules require FCGI to pay.

47.14 ATTORNEYS' FEES

Each party bears its own attorneys' fees unless applicable law, the arbitration rules or an authorized fee-shifting provision permits the arbitrator to award attorneys' fees.

47.15 AVAILABLE REMEDIES

The arbitrator may award an individual claimant any remedy that would otherwise be available to that claimant under applicable law and within the arbitrator's authority.

47.16 WRITTEN AWARD

The arbitrator will issue an award as required by the applicable arbitration rules.

47.17 JUDGMENT

A judgment upon an arbitration award may be entered in any court possessing jurisdiction.

47.18 CONFIDENTIALITY

Arbitration may be treated as confidential to the extent provided by applicable arbitration rules, law or agreement.

Nothing in this provision prohibits a party from making disclosures reasonably necessary to enforce or challenge an award, comply with law or obtain professional advice.

47.19 INTELLECTUAL PROPERTY EXCEPTION

Nothing in this consumer arbitration provision prevents FCGI, an applicable rights holder or a User from seeking judicial relief concerning ownership, registration or infringement of Intellectual Property rights where applicable law or the applicable arbitration agreement permits such claims to proceed in court.

47.20 UNAUTHORIZED ACCESS AND SECURITY EXCEPTION

FCGI may seek judicial relief concerning hacking, unauthorized access, malicious software, security attacks, credential theft, circumvention or similar conduct where judicial relief is reasonably necessary to stop or prevent ongoing harm.

47.21 CONFIDENTIAL INFORMATION EXCEPTION

FCGI or an applicable rights holder may seek judicial equitable relief concerning actual or threatened unauthorized disclosure or exploitation of Confidential Information.

47.22 PUBLIC INJUNCTIVE RELIEF

Nothing in these Terms requires arbitration of a claim for public injunctive relief where applicable law prohibits requiring that claim to be arbitrated.

Any arbitrable individual claims may be handled separately to the extent permitted by applicable law.

47.23 STATUTORY NONARBITRABLE CLAIMS

A claim that applicable law prohibits from being subjected to predispute arbitration is excluded from arbitration to the extent of that prohibition.

47.24 RIGHT TO COUNSEL

Each party may be represented by counsel at the party's own expense subject to applicable fee-shifting law.

48. CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER

48.1 INDIVIDUAL BASIS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FCGI AGREE THAT COVERED DISPUTES SUBJECT TO ARBITRATION WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

48.2 NO CLASS ARBITRATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY PURSUE A COVERED ARBITRATION AS A CLASS ACTION.

48.3 NO COLLECTIVE ARBITRATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY PURSUE A COVERED ARBITRATION AS A COLLECTIVE ACTION.

48.4 NO REPRESENTATIVE ARBITRATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY PURSUE A COVERED ARBITRATION IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHER PERSONS.

48.5 NO CONSOLIDATION WITHOUT CONSENT

Except where applicable law requires otherwise, an arbitrator may not consolidate the claims of multiple unrelated claimants without the consent of FCGI and the affected claimants.

48.6 INDIVIDUAL RELIEF

The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claimant's individual dispute, except where applicable law requires otherwise.

48.7 NONWAIVABLE REPRESENTATIVE RIGHTS

Nothing in this Section eliminates a representative or collective right that applicable law prohibits the parties from waiving.

48.8 SEVERABILITY

If a court determines that a particular portion of this class, collective or representative action waiver is unenforceable as to a particular claim or remedy, that portion will be severed to the extent legally permissible.

The remaining enforceable portions of the arbitration agreement remain effective unless applicable law requires otherwise.

49. BUSINESS, SPONSOR AND COMMERCIAL GAME KIT DISPUTES

49.1 COMMERCIAL RELATIONSHIPS

A Sponsor, Partner, compensated Influencer, commercial Game Kit licensee or other business relationship may be governed by a separate written commercial agreement.

49.2 COMMERCIAL DISPUTE PROVISIONS CONTROL

Where a separate written commercial agreement contains its own governing-law, forum-selection, arbitration or dispute-resolution provisions, those provisions control disputes governed by that agreement to the extent of an express conflict with these Terms.

49.3 DEFAULT COMMERCIAL FORUM

If no applicable separate written commercial agreement provides a different dispute-resolution mechanism, a dispute arising from a commercial Game Kit or business relationship will be governed by the provisions of this Section.

49.4 NEVADA FORUM

To the fullest extent permitted by applicable law, commercial parties consent to exclusive jurisdiction in the state or federal courts located in Clark County, Nevada for commercial disputes not subject to an applicable arbitration agreement.

49.5 PERSONAL JURISDICTION

To the fullest extent permitted by applicable law, a commercial Game Kit licensee or other business party accepting these Terms consents to personal jurisdiction in the courts identified in Section 49.4 for any covered commercial disputes.

49.6 VENUE

To the fullest extent permitted by applicable law, a commercial party waives an objection to venue in Clark County, Nevada for a dispute properly governed by this Section.

49.7 FORUM NON CONVENIENS

To the fullest extent permitted by applicable law, a commercial party waives an objection based solely upon forum non conveniens to litigation properly brought under the agreed forum-selection provision.

Nothing in this provision prevents a court from exercising authority that cannot lawfully be restricted by contract.

49.8 JURY-TRIAL WAIVER FOR COMMERCIAL DISPUTES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCGI AND A COMMERCIAL GAME KIT LICENSEE OR BUSINESS PARTY KNOWINGLY WAIVE TRIAL BY JURY FOR A DISPUTE GOVERNED BY THIS SECTION.

THIS WAIVER DOES NOT APPLY WHERE APPLICABLE LAW MAKES A PREDISPUTE JURY WAIVER UNENFORCEABLE.

49.9 INFORMAL COMMERCIAL RESOLUTION

Before commencing ordinary commercial litigation, the parties should attempt in good faith to resolve the dispute informally.

Emergency or provisional relief remains exempt.

49.10 COMMERCIAL ARBITRATION BY SEPARATE AGREEMENT

FCGI and a commercial party may agree in a separate written agreement to resolve commercial disputes through arbitration.

The separate agreement controls the arbitration procedure.

49.11 NO CONSUMER CLASS PROCEDURE FOR COMMERCIAL LICENSEES

A commercial Game Kit licensee acting in its business capacity is not treated as an individual consumer for purposes of the consumer arbitration provisions merely because an individual signs the commercial agreement on the entity's behalf.

50. EMERGENCY, EQUITABLE AND INTELLECTUAL PROPERTY RELIEF

50.1 IRREPARABLE HARM

A material breach involving theft, infringement, counterfeiting, unauthorized disclosure of Confidential Information, hacking, security compromise, circumvention or unauthorized commercial exploitation of FCG-IP may cause immediate or irreparable harm for which monetary damages may be inadequate.

50.2 RIGHT TO SEEK EQUITABLE RELIEF

To the fullest extent permitted by applicable law, FCGI and applicable rights holders may seek equitable relief from a court of competent jurisdiction to prevent or stop such conduct.

50.3 AVAILABLE EQUITABLE RELIEF

Requested relief may include:

(a) a temporary restraining order;
(b) a preliminary injunction;
(c) a permanent injunction;
(d) specific performance;
(e) an order preserving evidence;
(f) an order preventing destruction of evidence;
(g) an order preventing unauthorized disclosure;
(h) impoundment or seizure where authorized by law; or
(i) other equitable relief available under applicable law.

50.4 NO REQUIREMENT TO COMPLETE INFORMAL PROCESS FIRST

A party seeking emergency or provisional relief is not required to complete the informal dispute-resolution process before requesting relief where delay could materially prejudice the requested remedy.

50.5 ARBITRATION DOES NOT BAR EMERGENCY COURT RELIEF

Where applicable law permits, the existence of an arbitration agreement does not prevent a party from requesting temporary or provisional judicial relief necessary to preserve rights pending arbitration.

50.6 NO-BOND AGREEMENT FOR COMMERCIAL LICENSEES

To the fullest extent permitted by applicable law, each commercial Game Kit licensee acknowledges that unauthorized use or disclosure of FCG-IP or Confidential Information may cause irreparable harm.

Such licensee agrees that FCGI may request injunctive relief without posting bond or upon the minimum bond permitted by applicable law.

50.7 COURT RETAINS AUTHORITY

Section 50.6 expresses the parties' contractual agreement.

A court retains authority to impose any bond, security, evidentiary showing or procedural requirement that applicable law requires.

50.8 EX PARTE APPLICATIONS

Where the applicable rules and law authorize relief without advance notice, FCGI or an applicable rights holder may seek such relief without advance notice.

These Terms do not independently eliminate notice requirements imposed by law.

50.9 PRESERVATION OF EVIDENCE

Where FCGI reasonably anticipates litigation, arbitration or another legal proceeding, FCGI may preserve relevant evidence as permitted or required by applicable law.

50.10 NO DESTRUCTION AFTER NOTICE

A person who receives a lawful preservation demand, court order or other legally binding preservation obligation must comply with that obligation according to applicable law.

50.11 CUMULATIVE RELIEF

Equitable relief is cumulative with other remedies available under applicable law unless a particular remedy is expressly exclusive.

51. CHANGES TO THESE TERMS AND RESERVATION OF RIGHTS

51.1 FCGI’S RIGHT TO AMEND

To the fullest extent permitted by applicable law, FCGI expressly reserves and retains the right to amend, modify, supplement, replace, restate or otherwise change these Terms prospectively at any time in FCGI’s discretion.

FCGI may exercise this right in response to changes in the Services, Games, Game Kits, technology, security, fraud prevention, Intellectual Property, business practices, commercial programs, legal requirements, regulatory requirements, platform requirements or other legitimate operational considerations.

51.2 FCGI’S CONTROL OF SERVICES

Except to the extent FCGI has expressly undertaken a contrary obligation in a separate written agreement or applicable law provides otherwise, FCGI expressly reserves and retains all rights and discretion concerning the creation, design, development, operation, administration, configuration, availability, pricing, modification, expansion, reduction, restriction, suspension, replacement or discontinuation of the Services.

This reservation includes FCGI’s discretion concerning:

(a) Games;
(b) Game formats;
(c) card sets;
(d) levels;
(e) gameplay features;
(f) scoring presentations;
(g) statistics;
(h) analytics;
(i) Accounts;
(j) Anonymous Mode;
(k) free gameplay;
(l) subscriptions;
(m) in-app purchases;
(n) Game Kits;
(o) Promo Codes;
(p) backgrounds;
(q) Competitions;
(r) Rewards;
(s) leaderboards;
(t) social functionality;
(u) multiplayer functionality;
(v) educational functionality;
(w) administrative functionality;
(x) communications;
(y) APIs;
(z) integrations;
(aa) pricing;
(bb) eligibility;
(cc) geographic availability;
(dd) technical requirements; and
(ee) other current or future functionality.

51.3 NO USER CONSENT REQUIRED FOR ORDINARY SERVICE CHANGES

Except where applicable law, an existing paid entitlement or a separate written agreement requires otherwise, FCGI is not required to obtain a User’s prior consent before making an ordinary operational, technical, commercial or product change within the rights reserved to FCGI under these Terms.

51.4 NOTICE

FCGI may make changes without advance notice where advance notice is not required by applicable law, these Terms or a separate written agreement.

Where applicable law requires notice of a material contractual change, FCGI will provide the notice required by that law.

Nothing in these Terms requires FCGI to provide notice beyond the notice legally or contractually required.

51.5 NO EXPLANATION REQUIRED

Except where applicable law or a separate written agreement expressly requires otherwise, FCGI is not required to provide a User, applicant or licensee with an explanation, justification, statement of reasons or internal business rationale for a discretionary product, program, pricing, eligibility or operational decision reserved to FCGI under these Terms.

51.6 NO LIABILITY FOR VALID EXERCISE OF RESERVED RIGHTS

Nothing in this Section excludes liability that applicable law prohibits FCGI from excluding or liability expressly undertaken by FCGI in a separate written agreement.

51.7 NO VESTED RIGHT IN CONTINUATION OF OPTIONAL FEATURES

Except for rights arising from an existing paid entitlement, a separate written agreement or mandatory applicable law, no User acquires a vested, perpetual or irrevocable right to continuation of a particular optional:

(a) feature;
(b) free entitlement;
(c) Game Kit;
(d) Promo Code program;
(e) Competition;
(f) Reward program;
(g) background;
(h) administrative function;
(i) communication function;
(j) social function; or
(k) other discretionary Service

merely because FCGI previously made it available.

51.8 NO WAIVER OF RESERVED RIGHTS

FCGI’s previous exercise or nonexercise of a reserved right does not waive that right.

FCGI’s previous decision to provide a feature, benefit, price, Game Kit, Promo Code, free entitlement or other Service does not obligate FCGI to continue providing it except where FCGI has expressly undertaken such an obligation.

51.9 CURRENT VERSION

The version of these Terms identified as current through an Authorized Full Color® Website or applicable App acceptance process supersedes previous versions prospectively as provided by this Section and applicable law.

51.10 EFFECTIVE DATE OF CHANGES

An updated version of these Terms may identify the date on which it becomes effective.

Unless applicable law requires otherwise, changes apply prospectively beginning on the applicable effective date and do not alter rights or obligations that became fixed before that date where such alteration is prohibited by applicable law.

51.11 NONMATERIAL CHANGES

FCGI may implement nonmaterial changes without requiring renewed affirmative acceptance where permitted by applicable law.

Nonmaterial changes may include formatting, organization, clarification, contact-information updates, corrections, terminology changes or other changes that do not materially alter the affected User’s contractual rights or obligations.

51.12 MATERIAL CHANGES

Where FCGI makes a material change affecting a User’s contractual rights or obligations, FCGI will provide notice or obtain renewed acceptance only to the extent required by applicable law.

Nothing in this Section requires a method or degree of notice greater than applicable law requires.

51.13 METHODS OF NOTICE

Where permitted by applicable law, notice of updated Terms may be provided through:

(a) the App;
(b) an Account;
(c) an Authorized Full Color® Website;
(d) a login screen;
(e) an Account registration screen;
(f) a Game Kit dashboard;
(g) a notice displayed before continued use;
(h) email;
(i) push notification;
(j) a support notice; or
(k) another reasonably appropriate electronic method.

51.14 APP-BASED NOTICE

FCGI may present notice of updated Terms when a User opens, launches, accesses or uses the App.

Where applicable law recognizes such notice as sufficient, FCGI is not required to provide a separate form of notice.

51.15 CONTINUED USE

Where permitted by applicable law and following legally sufficient notice, continued downloading, installation, access, opening, launching, playing or other use of the affected Services after updated Terms become effective constitutes acceptance of the updated Terms.

51.16 RENEWED AFFIRMATIVE ACCEPTANCE

FCGI may require a User to affirmatively accept updated Terms before continuing to use:

(a) an Account;
(b) a Game Kit;
(c) a Competition;
(d) a promotional program;
(e) a Reward program;
(f) a commercial feature;
(g) an administrative feature; or
(h) another affected Service.

Where applicable law requires renewed affirmative acceptance of a material change, FCGI will obtain such acceptance to the extent required.

51.17 EMAIL NOTICE

FCGI may provide email notice of material changes where FCGI possesses an applicable email address and determines that email notice is appropriate.

Nothing in these Terms requires FCGI to use email where another legally sufficient method of notice is permitted.

51.18 PUSH-NOTIFICATION NOTICE

Where legally sufficient and technically available, FCGI may use push notifications to provide notice concerning changes to these Terms or affected Services.

Nothing in these Terms requires push-notification notice where another legally sufficient method is used.

51.19 ANONYMOUS USERS

Because FCGI may not possess direct contact information for an Anonymous User, updated Terms applicable to Anonymous Mode may be presented or made available through:

(a) the Apple App Store listing;
(b) the App;
(c) an Authorized Full Color® Website;
(d) an in-App notice; or
(e) another method reasonably capable of providing legally sufficient notice.

51.20 GAME KIT CHANGES

Game Kit participation is subject to the Terms applicable when the Game Kit is accepted plus subsequent changes validly made applicable under this Section.

Except where applicable law or a separate written agreement provides otherwise, continued use or administration of a Game Kit after legally sufficient notice of updated applicable Terms constitutes acceptance where such method of acceptance is legally sufficient.

51.21 MATERIAL GAME KIT CHANGES

Where a material Game Kit change requires renewed consent under applicable law or an applicable commercial agreement, FCGI will obtain the required consent before making the change binding to the extent required.

51.22 FREE GAME KITS

FCGI’s amendment of these Terms does not limit the separate rights expressly reserved to FCGI concerning free, complimentary, promotional, discretionary or otherwise nonpaid Game Kits.

Such Game Kits remain subject to FCGI’s applicable rights to modify, restrict, suspend, discontinue, decline to renew or terminate them under these Terms.

51.23 COMMERCIAL AGREEMENTS

FCGI may not use a general amendment to these Terms to override an express provision of a separately executed written commercial agreement where that agreement requires amendments to be signed, separately accepted or made through another specified procedure.

The amendment provisions of the applicable commercial agreement control that agreement to the extent of an irreconcilable conflict.

51.24 RIGHTS NOT EXPRESSLY SURRENDERED IN COMMERCIAL AGREEMENTS

A separate commercial agreement limits FCGI’s reserved rights only to the extent that the agreement expressly limits those rights or an irreconcilable contractual obligation necessarily requires such limitation.

Except to that extent, FCGI retains all rights and discretion reserved by these Terms.

51.25 EXISTING PURCHASES

An amendment to these Terms does not retroactively eliminate a vested consumer right arising from a completed purchase where applicable law prohibits such elimination.

FCGI retains all rights to modify the design, technical implementation, presentation and operation of the Services surrounding a purchased entitlement to the extent consistent with applicable law and the entitlement actually purchased.

51.26 SUBSCRIPTIONS

FCGI may modify subscription offerings, pricing, features or availability prospectively subject to Apple’s applicable requirements, applicable law and any rights associated with an existing paid subscription period.

Nothing in these Terms requires FCGI to offer the same subscription product indefinitely.

51.27 PRICING

Except where an existing transaction, applicable law or separate written agreement provides otherwise, FCGI may establish, increase, decrease, restructure, localize, test or otherwise modify pricing prospectively in its discretion.

Previous pricing does not create a right to future pricing.

51.28 FREE SERVICES AND BENEFITS

FCGI may increase, decrease, modify, restrict, replace or discontinue free gameplay, free features, promotional benefits or other gratuitous Services at any time to the fullest extent permitted by applicable law.

Previous receipt of a free Service or benefit does not create a vested right to continue receiving it.

51.29 PROMO CODES

FCGI may prospectively modify Promo Code programs, eligibility, duration, redemption limits, Device limits, Account limits, geographic availability or other promotional conditions.

A validly redeemed Promo Code remains subject to the specific entitlement actually granted and applicable law.

51.30 COMPETITIONS AND REWARDS

FCGI may prospectively modify, replace, suspend or discontinue optional Competition or Reward programs.

Rights concerning a Competition or Reward already commenced are additionally governed by the applicable official rules, Supplemental Terms and applicable law.

51.31 FEATURES AND FUNCTIONALITY

FCGI may add, remove, modify, combine, rename, replace or redesign features and functionality without amending these Terms where the change is within FCGI’s reserved operational authority and does not require a contractual amendment under applicable law.

51.32 TECHNOLOGY AND INFRASTRUCTURE

FCGI may change:

(a) hosting providers;
(b) cloud providers;
(c) analytics providers;
(d) communications providers;
(e) support providers;
(f) software architecture;
(g) APIs;
(h) databases;
(i) security systems;
(j) authentication systems;
(k) notification providers;
(l) technical integrations; or
(m) other infrastructure

without User consent where permitted by applicable law.

Applicable changes in data practices remain subject to the Privacy Policy and applicable law.

51.33 INTELLECTUAL PROPERTY PROTECTION

FCGI may modify technical, contractual or operational measures used to protect FCG-IP, Accounts, Games, Game Kits, Promo Codes, Competitions or other Services.

No User has a right to require FCGI to maintain a particular security or Intellectual Property protection method.

51.34 LEGAL AND REGULATORY CHANGES

FCGI may immediately modify, restrict, suspend or discontinue functionality where FCGI reasonably determines that action is necessary or appropriate to address:

(a) applicable law;
(b) regulation;
(c) governmental action;
(d) court orders;
(e) regulatory guidance;
(f) App Store requirements;
(g) sanctions;
(h) export restrictions;
(i) privacy requirements;
(j) child-protection requirements;
(k) security requirements; or
(l) other legal or regulatory developments.

51.35 EMERGENCY CHANGES

FCGI may implement changes immediately and without advance notice where reasonably necessary to address:

(a) security threats;
(b) fraud;
(c) hacking;
(d) unauthorized access;
(e) active exploitation;
(f) malware;
(g) threats to Users;
(h) threats to the Services;
(i) Intellectual Property infringement;
(j) legal requirements; or
(k) another emergency condition.

FCGI will provide any subsequent notice required by applicable law.

51.36 NO EXPLANATION OF INTERNAL DECISION-MAKING

Except where applicable law or a separate written agreement requires otherwise, FCGI has no obligation to disclose:

(a) internal deliberations;
(b) source code;
(c) algorithms;
(d) security methodologies;
(e) fraud-detection methods;
(f) pricing methodologies;
(g) business strategies;
(h) commercial negotiations;
(i) licensing arrangements;
(j) internal legal analysis;
(k) confidential information; or
(l) other nonpublic information

merely because a User, applicant or licensee disagrees with a change or decision.

51.37 NO RETROACTIVE CREATION OF BREACH

Unless applicable law expressly permits otherwise, FCGI will not characterize conduct completed before a newly adopted restriction became effective as a breach solely because the later version newly prohibited that completed conduct.

51.38 ACCRUED RIGHTS AND OBLIGATIONS

An amendment does not extinguish rights, remedies, claims, liabilities or obligations that accrued before the amendment where applicable law or an applicable agreement requires those matters to remain effective.

51.39 NO RETROACTIVE ERASURE OF FCGI RIGHTS

Nothing in an amendment waives or extinguishes an accrued FCGI right, remedy, claim or cause of action unless FCGI expressly states that the applicable right is waived or applicable law provides otherwise.

51.40 REJECTION OF UPDATED TERMS

If a User does not agree to materially updated Terms applicable to optional future use, the User may cease using the affected Services.

Any rights concerning existing purchases, subscriptions, Account deletion, retained records or other consequences remain subject to applicable law and these Terms.

51.41 TERMINATION FOLLOWING NONACCEPTANCE

Where acceptance of updated Terms is lawfully required as a condition of continued access to an optional Service, FCGI may restrict or terminate future access to that Service if the User declines to accept the updated Terms.

Nothing in this provision permits FCGI to eliminate a nonwaivable right arising from a completed transaction.

51.42 CURRENT GAME KIT TERMS

Game Kit applicants, licensees and Administrators are responsible for reviewing the then-current Terms and applicable Supplemental Terms when applying for, accepting, renewing or administering a Game Kit.

51.43 NO PERPETUAL VERSION OF TERMS

Except where a separate written agreement expressly provides otherwise or applicable law requires otherwise, a User has no contractual right to require FCGI to continue offering future Services exclusively under a superseded version of these Terms.

51.44 NO OBLIGATION TO MAINTAIN HISTORICAL BUSINESS MODEL

Except where applicable law or a separate written agreement provides otherwise, FCGI is not obligated to preserve indefinitely any particular:

(a) business model;
(b) pricing model;
(c) free-play model;
(d) subscription structure;
(e) Game Kit structure;
(f) promotional structure;
(g) advertising structure;
(h) licensing model;
(i) feature configuration;
(j) distribution method; or
(k) commercial strategy.

51.45 RESERVATION OF CORPORATE AND COMMERCIAL DISCRETION

Except to the extent limited by applicable law or an express obligation undertaken by FCGI in a separate written agreement, FCGI expressly reserves and retains all lawful corporate, operational, technical, commercial and licensing discretion concerning the Full Color® Ecosystem.

No provision of these Terms shall be interpreted as surrendering a right or discretion of FCGI unless the applicable provision expressly and unambiguously provides otherwise.

51.46 MAXIMUM LAWFUL EFFECT

This Section is intended to reserve to FCGI the broadest lawful authority to modify these Terms and control the future operation of the Full Color® Ecosystem while preserving only those notice, consent, vested-right, contractual or other limitations that applicable law or an express separate written agreement requires.

52. INTERNATIONAL USERS AND LOCAL LAW

52.1 WORLDWIDE ACCESS

The Full Color® Ecosystem may be accessible from multiple countries and territories.

52.2 NO REPRESENTATION OF UNIVERSAL AVAILABILITY

FCGI does not represent that every Service, Game, Game Kit, Competition, Reward or feature is appropriate, lawful or available in every jurisdiction.

52.3 LOCAL RESTRICTIONS

FCGI may restrict functionality according to:

(a) country;
(b) state;
(c) province;
(d) territory;
(e) region;
(f) age;
(g) regulatory classification; or
(h) other legally relevant criteria.

52.4 USER COMPLIANCE

Users are responsible for complying with laws applicable to their own use of the Services.

52.5 GAME KIT LICENSEE COMPLIANCE

A Game Kit licensee is responsible for determining whether the activities it independently conducts through its Game Kit are lawful in the jurisdictions in which it conducts them.

52.6 SPONSOR COMPLIANCE

A Sponsor is responsible for laws applicable to its:

(a) advertising;
(b) promotions;
(c) Rewards;
(d) communications;
(e) products;
(f) services;
(g) external data collection;
(h) territorial distribution; and
(i) other Sponsor-controlled activities.

52.7 SCHOOL COMPLIANCE

Schools and educational organizations are responsible for requirements applicable to their educational use of School Kit, including legally required consent and student-data obligations.

52.8 MANDATORY LOCAL RIGHTS

Nothing in these Terms eliminates rights provided by mandatory local law that cannot lawfully be waived.

52.9 LOCAL CONSUMER RIGHTS

A consumer may possess statutory rights concerning:

(a) digital products;
(b) subscriptions;
(c) refunds;
(d) warranties;
(e) dispute resolution;
(f) privacy;
(g) cancellation; or
(h) other matters.

Those rights remain effective to the extent they cannot lawfully be excluded.

52.10 CONFLICT WITH MANDATORY LAW

If a provision of these Terms conflicts with mandatory law applicable to a particular User, the mandatory law controls solely to the extent of the conflict.

52.11 REMAINDER CONTINUES

Application of mandatory local law to one provision does not invalidate unrelated provisions of these Terms.

52.12 CONTROLLING LANGUAGE

THESE TERMS WERE ORIGINALLY DRAFTED, CREATED AND ADOPTED IN UNITED STATES ENGLISH.

THE UNITED STATES ENGLISH-LANGUAGE VERSION OF THESE TERMS IS THE ORIGINAL, AUTHORITATIVE AND CONTROLLING VERSION.

Except to the extent mandatory applicable law expressly requires otherwise, the United States English-language version shall exclusively control the interpretation, construction, meaning, scope, intent, application and legal effect of these Terms and every word, phrase, definition, provision, right, restriction, obligation, remedy, disclaimer, limitation, license and condition contained herein.

52.13 TRANSLATIONS PROVIDED FOR CONVENIENCE AND ACCESSIBILITY

FCGI may translate, localize, display, publish, distribute or otherwise make these Terms available in languages other than United States English for convenience, accessibility, international distribution or other purposes.

A translation may be prepared through human translation, professional translation, machine translation, artificial intelligence, automated translation, localization technology or a combination of methods.

Except where mandatory applicable law expressly requires otherwise, every non-English version is provided solely as a translation of the controlling United States English-language version and does not constitute an independently drafted agreement.

52.14 INHERENT LIMITATIONS OF TRANSLATION

YOU ACKNOWLEDGE THAT TRANSLATION OR LOCALIZATION MAY ALTER, OMIT, APPROXIMATE OR FAIL TO PRESERVE THE PRECISE MEANING, DEFINITION, CONTEXT, NUANCE, PURPOSE, INTENT, SCOPE OR LEGAL EFFECT OF LANGUAGE CONTAINED IN THE CONTROLLING UNITED STATES ENGLISH-LANGUAGE VERSION.

A translated word or phrase may not possess an exact equivalent in United States English. A United States English legal or technical concept may not possess an exact equivalent in another language.

Accordingly, except where mandatory applicable law expressly requires otherwise, no translation shall be used to enlarge, narrow, modify, replace, supersede or otherwise alter the meaning or legal effect of the controlling United States English-language version.

52.15 CONFLICT, DIFFERENCE OR AMBIGUITY

If any translation, localization or non-English version differs or appears to differ from the United States English-language version, the United States English-language version controls to the fullest extent permitted by applicable law.

This rule applies to any:

(a) inconsistency;
(b) conflict;
(c) discrepancy;
(d) ambiguity;
(e) omission;
(f) mistranslation;
(g) localization difference;
(h) grammatical difference;
(i) semantic difference;
(j) legal difference;
(k) technical difference; or
(l) other difference in meaning or effect.

Except where mandatory applicable law expressly requires otherwise, a translation error, localization error or difference in terminology does not amend the controlling United States English-language version.

52.16 NO MODIFICATION THROUGH TRANSLATION

No translation, interpretation, localization, summary, paraphrase, explanation or other rendering of these Terms modifies these Terms unless FCGI expressly adopts that material as an amendment or Supplemental Terms in accordance with these Terms.

No translator, localization provider, artificial intelligence system, machine-translation system, browser, operating system, App Store, search engine, website, third-party platform or other person or technology has authority merely through translation or interpretation to modify the contractual meaning of these Terms.

52.17 THIRD-PARTY AND DEVICE TRANSLATIONS

A User may encounter translations generated or displayed by:

(a) a web browser;
(b) an operating system;
(c) a Device;
(d) an application;
(e) a search engine;
(f) an artificial intelligence system;
(g) an automated translation service;
(h) a third-party website;
(i) an accessibility service; or
(j) another third-party technology.

FCGI does not adopt such a translation as an official or controlling version merely because the translation displays, reproduces or provides access to these Terms.

52.18 INTERPRETATION OF DEFINED TERMS

Defined terms in these Terms derive their contractual meaning from their definitions and usage in the controlling United States English-language version.

A translated term is intended only to communicate the corresponding United States English-language concept.

Except where mandatory applicable law expressly requires otherwise, a translated term shall not independently redefine, enlarge, narrow or otherwise alter the corresponding defined term.

52.19 LEGAL INTERPRETATION

Except where mandatory applicable law expressly requires otherwise, any contractual interpretation of these Terms shall begin with and be determined from the controlling United States English-language version.

No party may rely upon a translation to establish a contractual meaning inconsistent with the controlling United States English-language text.

52.20 OFFICIAL NOTICES, ACCEPTANCES AND AGREEMENTS

FCGI may provide translated notices, acceptance interfaces, disclosures, summaries or other materials where appropriate or required.

Unless FCGI expressly designates a translated document as controlling for a particular jurisdiction or mandatory applicable law requires otherwise, such translation does not replace the United States English-language source from which it was translated.

A separately executed written agreement or Supplemental Terms may expressly establish a different controlling language for the subject matter governed by that agreement.

52.21 RIGHT TO CONSULT CONTROLLING ENGLISH VERSION

FCGI may make the controlling United States English-language version available through an Authorized Full Color® Website or other authorized means.

A User relying upon a translated version is encouraged to consult the controlling United States English-language version where the precise contractual meaning of a provision is material.

52.22 TRANSLATION DOES NOT CREATE ADDITIONAL RIGHTS

Except where mandatory applicable law provides otherwise, no translation or localization creates a substantive right, license, remedy, representation, warranty, obligation or limitation that does not exist in the controlling United States English-language version.

52.23 MANDATORY LOCAL-LANGUAGE REQUIREMENTS

Nothing in this Section is intended to avoid a mandatory language, translation, disclosure, consumer-protection or contractual requirement that applicable law does not permit the parties to waive.

Where applicable law requires a particular translated or local-language provision to control notwithstanding the parties' selection of United States English, that requirement controls solely to the minimum extent legally required.

Except to that extent, the United States English-language version remains the original, authoritative and controlling version of these Terms.

52.24 PRESERVATION OF ENGLISH SOURCE

FCGI may retain the controlling United States English-language version as the authoritative source from which translations, localizations, updates and interpretations are derived.

Modification of a translated version does not modify the controlling United States English-language version unless FCGI separately adopts the corresponding change to the United States English-language version in accordance with Section 51.

52.25 COUNTRY-SPECIFIC SUPPLEMENTAL TERMS

FCGI may publish country-specific Supplemental Terms to address local legal requirements.

Those Supplemental Terms control the applicable jurisdiction-specific issue to the extent expressly provided.

52.26 EXPORT AND SANCTIONS COMPLIANCE

Users may not use the Services in violation of applicable export-control, sanctions or trade-restriction laws.

52.27 RESTRICTED PERSONS

FCGI may restrict access where required by applicable sanctions, export-control or other legally binding restrictions.

53. NOTICES AND COMMUNICATIONS

53.1 ELECTRONIC COMMUNICATIONS

To the extent permitted by applicable law, Users consent to receive contractual and Service-related communications electronically.

53.2 ELECTRONIC RECORDS

Electronic communications may satisfy a legal requirement that a communication be in writing to the extent permitted by applicable electronic-transactions law.

53.3 SERVICE COMMUNICATIONS

FCGI may send communications concerning:

(a) Account security;
(b) Account verification;
(c) purchases;
(d) subscriptions;
(e) Game Kit activity;
(f) Promo Codes;
(g) Competitions;
(h) Rewards;
(i) security incidents;
(j) changes to Services;
(k) changes to Terms;
(l) legal notices; or
(m) other Service-related matters.

53.4 CONTACT INFORMATION

Registered Users are responsible for maintaining reasonably accurate Account contact information where such information is required for the applicable functionality.

53.5 DELIVERY

An electronic notice may be deemed delivered as permitted by applicable law when transmitted to the applicable address, Account, App interface or other authorized communication channel.

53.6 FAILED DELIVERY

FCGI is not responsible for a User's failure to receive an electronic notice because the User:

(a) provided an incorrect address;
(b) failed to update contact information;
(c) blocked the communication;
(d) disabled applicable notifications;
(e) configured filtering that prevented delivery; or
(f) otherwise prevented receipt,

except where applicable law requires a different method of notice.

53.7 LEGAL NOTICES TO FCGI

Legal notices to FCGI may be submitted through a legal contact method identified on an Authorized Full Color® Website or mailed to:

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, Nevada 89108
United States

53.8 SUPPORT REQUESTS

Ordinary customer-support requests should be submitted through the support or Submit a Request functionality available through an Authorized Full Color® Website.

53.9 SECURITY REPORTS

Security vulnerability reports may be sent to:

pwnd@fullcolorsolitaire.com

or submitted through the applicable support resources.

53.10 GAME KIT AND LICENSING INQUIRIES

Game Kit and licensing inquiries should be submitted through the Game Kit, licensing, support or Submit a Request resources available on an Authorized Full Color® Website.

53.11 CURRENT CONTACT INFORMATION

FCGI may update contact addresses, email addresses, support systems or submission methods without amending these Terms.

The then-current contact information published through an Authorized Full Color® Website controls.

54. ASSIGNMENT AND TRANSFER

54.1 USER ASSIGNMENT

A User may not assign or transfer these Terms or a personal Account license without FCGI's prior written consent except where applicable law provides a nonwaivable transfer right.

54.2 GAME KIT ASSIGNMENT

A Game Kit licensee may not assign, transfer, sublicense or delegate its Game Kit rights except as expressly authorized by FCGI or the applicable commercial agreement.

54.3 PROMO CODES

Promo Codes may be distributed as authorized by the applicable program.

The right to distribute a Promo Code does not constitute assignment of the underlying Game Kit license.

54.4 FCGI ASSIGNMENT

FCGI may assign or transfer these Terms or applicable rights and obligations in connection with:

(a) a merger;
(b) acquisition;
(c) corporate reorganization;
(d) sale of assets;
(e) financing;
(f) transfer of a business line;
(g) transfer of applicable licensed rights; or
(h) another lawful transaction,

subject to applicable law and any contractual restrictions binding upon FCGI.

54.5 NO EXPANSION OF USER OBLIGATIONS THROUGH ASSIGNMENT

An assignment does not independently enlarge a User's obligations beyond the agreement lawfully applicable to the User.

55. RELATIONSHIP OF THE PARTIES

55.1 INDEPENDENT RELATIONSHIP

Except where a separate written agreement expressly provides otherwise, nothing in these Terms creates:

(a) a partnership;
(b) joint venture;
(c) employment relationship;
(d) fiduciary relationship;
(e) franchise;
(f) general agency relationship; or
(g) authority for one party to bind another.

55.2 GAME KIT TERMINOLOGY

Terms such as “Partner,” “Sponsor,” “Ambassador” and “Influencer” describe Game Kit classifications.

They do not independently create a legal relationship beyond the rights expressly granted.

55.3 NO AUTHORITY TO CONTRACT FOR FCGI

No User or Game Kit licensee may contract in FCGI's name without express written authority.

55.4 NO AUTHORITY TO MAKE WARRANTIES

No User or Game Kit licensee may make warranties on behalf of FCGI without express written authority.

55.5 NO FIDUCIARY DUTY FROM ORDINARY USE

Ordinary use of the App or participation in a Game Kit does not create a fiduciary relationship between FCGI and the User.

56. NO WAIVER

56.1 FAILURE TO ENFORCE

FCGI's failure to enforce a provision does not constitute a waiver of that provision.

56.2 DELAY

A delay in exercising a right does not waive that right.

56.3 PARTIAL ENFORCEMENT

Partial exercise of a right does not prevent later exercise of the same or another available right.

56.4 ONE-TIME WAIVER

A waiver concerning one event does not constitute a waiver concerning a later event unless the waiver expressly states otherwise.

56.5 WRITTEN COMMERCIAL WAIVERS

Where a commercial agreement requires a waiver to be in writing, that requirement controls.

56.6 NO WAIVER THROUGH PUBLIC ACCESS

FCGI's decision to make Content publicly accessible does not waive Intellectual Property rights in that Content.

56.7 NO WAIVER THROUGH FREE ACCESS

Providing free gameplay does not waive FCGI's rights concerning paid products, Promo Codes, Game Kits or Intellectual Property.

57. SEVERABILITY AND REFORMATION

57.1 SEVERABILITY

If a provision of these Terms is held invalid, illegal or unenforceable, that provision will be severed or limited to the minimum extent necessary where applicable law permits.

57.2 REMAINING PROVISIONS

The remaining provisions continue in effect unless the invalid provision is so essential that applicable law requires a different result.

57.3 MAXIMUM LAWFUL EFFECT

Where a provision is enforceable to a narrower extent than written, the provision will be enforced to the maximum extent permitted by applicable law.

57.4 REFORMATION

Where applicable law permits a court or arbitrator to reform an unenforceable provision to reflect the parties' lawful intent, the provision may be reformed to the minimum extent necessary to make it enforceable.

57.5 ARBITRATION-SPECIFIC SEVERABILITY

The arbitration and class-action provisions are additionally subject to their specific severability provisions.

57.6 COUNTRY-SPECIFIC SEVERABILITY

A provision unenforceable in one jurisdiction remains enforceable in another jurisdiction to the extent permitted by the law applicable there.

58. FORCE MAJEURE

58.1 EVENTS BEYOND REASONABLE CONTROL

FCGI is not responsible for delay or failure in performance caused by circumstances beyond its reasonable control to the extent permitted by applicable law.

58.2 EXAMPLES

Such circumstances may include:

(a) natural disasters;
(b) fires;
(c) floods;
(d) earthquakes;
(e) severe weather;
(f) war;
(g) terrorism;
(h) civil disorder;
(i) labor disputes;
(j) widespread Internet outages;
(k) telecommunications failures;
(l) cloud infrastructure failures;
(m) App Store outages;
(n) governmental action;
(o) epidemics or pandemics;
(p) electrical-grid failures;
(q) cyberattacks despite reasonable safeguards; or
(r) other events beyond FCGI's reasonable control.

58.3 MITIGATION

FCGI may use commercially reasonable efforts appropriate to the circumstances to restore affected Services.

58.4 PAYMENT OBLIGATIONS

A force-majeure event does not automatically eliminate accrued payment obligations except where applicable law or an applicable commercial agreement provides otherwise.

59. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

59.1 ENTIRE AGREEMENT

These Terms, the applicable Privacy Policy, applicable Supplemental Terms and any applicable separate written agreement constitute the applicable agreement between FCGI and the User concerning the subject matter they govern.

59.2 NO RELIANCE ON UNAUTHORIZED STATEMENTS

A User may not reasonably rely upon an unauthorized statement by another User, influencer, Sponsor, Game Kit participant or other third party as modifying FCGI's contractual obligations.

59.3 AUTHORIZED WRITTEN AGREEMENTS

A separate written agreement executed or otherwise validly accepted by FCGI may modify the relationship to the extent expressly stated.

59.4 ORDER OF PRECEDENCE

Where provisions cannot reasonably be harmonized, the following order applies to the subject matter expressly governed by each document:

(a) an applicable School & Institutional Data Protection and FERPA Addendum or other written school data-protection agreement, solely with respect to FERPA-protected personally identifiable information, children's Personal Information and other protected school or student data expressly governed by that agreement;
(b) a separately executed written commercial or institutional agreement;
(c) applicable Supplemental Terms;
(d) these Terms; and
(e) general informational or promotional materials.

Notwithstanding the foregoing, the Privacy Policy separately governs FCGI's description of applicable data practices.

Section 11.50 controls the order of precedence for protected school and student information.

59.5 SPECIFIC TERMS OVER GENERAL TERMS

A specific provision governing a particular Game Kit, Competition, Reward, promotion or purchase controls over a more general provision concerning the same subject to the extent of an irreconcilable conflict.

59.6 MARKETING MATERIALS

Marketing or promotional materials do not modify these Terms unless the material expressly states that it constitutes binding Supplemental Terms or another binding agreement.

59.7 HELP CENTER MATERIALS

Help Center materials may explain how functionality operates.

Unless expressly incorporated as Supplemental Terms, ordinary instructional materials do not independently modify these Terms.

59.8 PRIVACY POLICY

Our Full Color Games, Inc. Global Privacy Policy is incorporated by reference for purposes of describing applicable data practices.

The Privacy Policy does not independently expand FCGI's substantive contractual rights beyond applicable law and the applicable agreement.

60. SURVIVAL

60.1 SURVIVING PROVISIONS

Provisions that by their nature should survive expiration or termination remain effective.

60.2 EXAMPLES

Surviving provisions may include those concerning:

(a) Intellectual Property ownership;
(b) confidentiality;
(c) Restricted-Use Information;
(d) accrued payment obligations;
(e) Feedback licenses;
(f) User Content licenses to the extent necessary for lawful retention or previously authorized uses;
(g) indemnification;
(h) limitation of liability;
(i) dispute resolution;
(j) arbitration;
(k) enforcement;
(l) remedies;
(m) preservation of evidence;
(n) governing law;
(o) accrued claims;
(p) no waiver;
(q) severability; and
(r) other provisions whose purpose requires survival.

60.3 TERMINATION DOES NOT ERASE PRIOR BREACH

Termination does not extinguish liability for a breach occurring before termination.

60.4 TERMINATION DOES NOT TRANSFER IP

Termination does not transfer any FCG-IP to a former User or licensee.

60.5 FORMER LICENSEE USE

After expiration or termination of a license, a former licensee must cease uses that depended solely upon that license.

Independent rights available under applicable law remain unaffected.

61. GAME KIT AND COMMERCIAL LICENSING APPLICATIONS

61.1 APPLICATION OPPORTUNITY

FCGI welcomes applications from eligible persons and organizations interested in using Full Color® products through an authorized Game Kit or separate commercial license.

61.2 AVAILABLE GAME KIT TYPES

Applicants may seek authorization for programs including:

(a) School Kit;
(b) Institution Kit;
(c) Sponsor Kit;
(d) Partner Kit;
(e) Ambassador Kit;
(f) Influencer Kit;
(g) Marketing Kit;
(h) Promotional Kit;
(i) Party Kit; and
(j) other Game Kit or licensing programs made available by FCGI.

61.3 HOW TO APPLY

An applicant may apply through the Game Kit application, Submit a Request functionality or other licensing or support method made available through an Authorized Full Color® Website.

61.4 PRINCIPAL WEBSITE

The principal Full Color® Solitaire website is:

fullcolorsolitaire.com

61.5 CURRENT APPLICATION INFORMATION

Applicants should use the then-current Game Kit, licensing, support or Submit a Request information published through an Authorized Full Color® Website.

FCGI may change application forms, email addresses, submission procedures or contact methods without amending these Terms.

61.6 INFORMATION REQUESTED

FCGI may request information reasonably necessary to evaluate a Game Kit or licensing application.

The information requested may depend upon the proposed relationship.

61.7 NO GUARANTEE OF APPROVAL

Submission of an application does not guarantee approval.

61.8 NO RIGHTS BEFORE APPROVAL

An applicant may not begin exercising rights requiring an FCGI license before obtaining the required authorization.

61.9 NO RETROACTIVE LICENSE

Unless FCGI expressly agrees otherwise in writing, subsequent approval of a license does not retroactively authorize conduct that required a license when undertaken.

61.10 SCHOOL KIT APPLICATIONS

Eligible educators and educational organizations may apply for School Kit through the applicable Game Kit application or support resources.

61.11 INSTITUTION KIT APPLICATIONS

Eligible institutions may apply for Institution Kit through the applicable Game Kit application or support resources.

61.12 PARTY KIT APPLICATIONS

Eligible individuals may apply for Party Kit through the applicable Game Kit application or support resources.

61.13 COMMERCIAL APPLICATIONS

Businesses, Sponsors, media organizations, influencers, Partners and other commercial applicants may apply for the Game Kit or commercial license appropriate to their proposed activity.

61.14 SPONSOR APPLICATIONS

A prospective Sponsor should describe the proposed campaign sufficiently for FCGI to evaluate matters including:

(a) the Sponsor;
(b) products or services;
(c) proposed audience;
(d) campaign territory;
(e) Promo Code distribution;
(f) proposed duration;
(g) Sponsor Content;
(h) proposed Rewards;
(i) proposed Competitions;
(j) communications;
(k) desired analytics;
(l) proposed integrations; and
(m) other material campaign features.

61.15 INFLUENCER APPLICATIONS

An influencer may apply for Influencer Kit.

Approval does not guarantee compensation.

A compensated relationship requires a separate written compensation agreement.

61.16 COMMERCIAL LICENSING

A person seeking to commercially use FCG-IP outside the rights provided through an ordinary Game Kit may request a separate commercial license.

61.17 FULL COLOR® CARDS LICENSING

A person seeking rights to manufacture, distribute, integrate or commercially exploit Full Color® Cards or protected Full Color® Cards Content must obtain any license required by applicable law before undertaking the licensed activity.

61.18 MEDIA AND BROADCAST LICENSING

A person planning an organized commercial production, public exhibition, broadcast, media program or other exploitation requiring Full Color® rights may request a license.

61.19 AI AND DATA LICENSING

A person or organization seeking authorization to use protected Full Color® Content for artificial-intelligence training, machine learning, datasets, computer vision, automated Game analysis or related commercial technology may request a license.

61.20 API LICENSING

Access to a Full Color® API or specialized integration requires express FCGI authorization.

An applicant may request integration through the applicable Game Kit or licensing process.

61.21 CUSTOM DEVELOPMENT

An applicant seeking custom Game Kit functionality may request development from FCGI.

FCGI has no obligation to accept a custom-development request.

61.22 SEPARATE AGREEMENTS

FCGI may require a separate:

(a) commercial license agreement;
(b) sponsorship agreement;
(c) affiliate agreement;
(d) revenue-share agreement;
(e) API agreement;
(f) data-processing agreement;
(g) development agreement;
(h) Reward agreement;
(i) Competition agreement;
(j) statement of work; or
(k) other agreement

before granting requested rights.

61.23 APPLICATION CONFIDENTIALITY

An applicant should not assume that unsolicited information submitted through an ordinary Game Kit application is subject to a special nondisclosure obligation unless FCGI expressly agrees otherwise.

Personal Data submitted through an application is handled according to the Privacy Policy.

61.24 FCGI CONFIDENTIAL INFORMATION DURING APPLICATION PROCESS

If FCGI provides nonpublic Confidential Information to an applicant subject to an express confidentiality designation or applicable confidentiality agreement, the applicant must protect that information according to the applicable obligations.

61.25 NO OBLIGATION TO NEGOTIATE

Receipt or review of an application does not obligate FCGI to negotiate, enter into an agreement or continue discussions.

61.26 NO OBLIGATION TO EXPLAIN COMMERCIAL REJECTION

Subject to applicable law, FCGI is not required to disclose confidential internal business reasons for rejecting a discretionary commercial licensing application.

61.27 FUTURE APPLICATIONS

Rejection of an application does not necessarily prevent an applicant from applying again unless FCGI informs the applicant otherwise.

62. CONSTRUCTION OF THESE TERMS

62.1 HEADINGS

Section titles and headings are provided for convenience and organization.

They do not independently enlarge or restrict the substantive provisions of these Terms.

62.2 INCLUDING WITHOUT LIMITATION

Unless the context expressly requires otherwise, “include,” “includes” and “including” mean “include without limitation,” “includes without limitation” and “including without limitation.”

62.3 EXAMPLES ARE NOT EXHAUSTIVE

Examples in these Terms illustrate the applicable provision.

An example does not limit a broader provision where the text indicates that the provision is nonexclusive.

62.4 SINGULAR AND PLURAL

The singular includes the plural where appropriate.

The plural includes the singular where appropriate.

62.5 REFERENCES TO PERSONS

A reference to a person includes a natural person or legal entity where the context permits.

62.6 REFERENCES TO WRITING

References to writing include electronic records where applicable law recognizes the electronic record as sufficient.

62.7 REFERENCES TO STATUTES AND RULES

References to a statute, regulation, rule or legal requirement include applicable amendments, replacements and successor provisions unless the context requires otherwise.

62.8 REFERENCES TO SERVICES

A reference to a particular Service includes successor or renamed functionality where substantially applicable.

62.9 NO ADVERSE CONSTRUCTION BASED SOLELY ON AUTHORSHIP

To the extent permitted by applicable law, these Terms will not be construed against a party solely because that party drafted or proposed the language.

This provision does not eliminate consumer-protection rules of interpretation that applicable law does not permit the parties to waive.

62.10 CONTRACT AS A WHOLE

These Terms should be interpreted as a whole rather than by isolating individual words from their context.

62.11 SPECIFIC PROVISIONS

A specific provision concerning a particular activity controls over a general provision concerning the same activity to the extent the provisions cannot reasonably be harmonized.

62.12 LEGAL SAVINGS LANGUAGE

Phrases such as:

(a) “to the fullest extent permitted by applicable law”;
(b) “except where applicable law provides otherwise”;
(c) “subject to applicable law”; and
(d) similar language

are intended to preserve the maximum lawful effect of the applicable provision without purporting to waive mandatory rights.

62.13 NO EXPANSION THROUGH EXAMPLES

A list of prohibited conduct does not imply that conduct omitted from the list is permitted where another provision prohibits that conduct.

62.14 NO IMPLIED RIGHT FROM SILENCE

Silence concerning a particular use does not create a license to exercise Intellectual Property, administrative, security, data-access or commercial rights that otherwise require authorization.

62.15 TECHNICAL CAPABILITY DOES NOT EQUAL AUTHORIZATION

The fact that a User can technically perform an action does not establish contractual authorization to perform it.

62.16 ACCESS DOES NOT EQUAL OWNERSHIP

The ability to access, observe, study, download, receive, display or use Content does not transfer ownership of the underlying Intellectual Property.

62.17 NO PUBLIC-DOMAIN DEDICATION BY CONTRACTUAL SILENCE

Nothing in these Terms constitutes a dedication of FCG-IP to the public domain unless an applicable rights holder expressly makes such a dedication through legally sufficient means.

63. RIGHTS OF APPLICABLE INTELLECTUAL PROPERTY OWNERS AND LICENSORS

63.1 FCGI AS CONTRACTING PARTY

FCGI is the contracting party under these Terms.

FCGI's role as contracting party does not alter ownership of Intellectual Property held by another applicable rights holder.

63.2 LICENSED RIGHTS

FCGI may exercise rights concerning FCG-IP pursuant to licenses, assignments, ownership rights or other lawful authority.

63.3 NO DISCLOSURE OF PRIVATE LICENSING STRUCTURE

Nothing in these Terms requires publication of confidential or nonpublic agreements governing the ownership, licensing, assignment, commercialization or enforcement of FCG-IP.

63.4 COUNTRY-SPECIFIC OWNERSHIP

The ownership, registration, licensing or enforcement status of particular Intellectual Property may vary by country or jurisdiction.

63.5 INQUIRIES

A person with a legitimate inquiry concerning authorization to use particular FCG-IP may contact FCGI through the licensing resources available on an Authorized Full Color® Website.

63.6 APPLICABLE RIGHTS HOLDERS

Where an applicable rights holder possesses direct rights in FCG-IP used through the Services, nothing in these Terms is intended to divest that rights holder of those rights.

63.7 ENFORCEMENT RIGHTS

FCGI or an applicable rights holder may enforce Intellectual Property rights to the extent permitted by applicable law and the authority applicable to that right.

63.8 NO USER STANDING TO ENFORCE FCGI RIGHTS

An ordinary User does not acquire standing or contractual authority to enforce FCG-IP against third parties merely by using the Services.

64. RESERVATION OF FUTURE PRODUCTS AND PROGRAMS

64.1 FUTURE DEVELOPMENT

FCGI may develop additional Games, card sets, Game Kits, features, purchases, platforms, programs or commercial models.

64.2 NO PRESENT LICENSE TO FUTURE PRODUCTS

These Terms do not grant a present license to a future product except to the extent FCGI later makes that product available under these Terms.

64.3 FUTURE PLATFORMS

FCGI may expand to additional platforms or technologies.

Future platforms may require updated Terms or Supplemental Terms.

64.4 FUTURE GAME KITS

FCGI may create additional Game Kit classes.

The existence of the Game Kit framework permits FCGI to introduce new authorized configurations without implying that every existing Game Kit licensee receives access to them.

64.5 FUTURE PURCHASES

FCGI may introduce additional in-app purchases or other lawful digital entitlements.

64.6 FUTURE COMPETITION PROGRAMS

FCGI may introduce additional skill-based Competition programs subject to applicable law.

64.7 NO CURRENT SWEEPSTAKES AUTHORIZATION

Nothing in these Terms authorizes a sweepstakes.

64.8 NO CURRENT LOTTERY AUTHORIZATION

Nothing in these Terms authorizes a lottery.

64.9 NO CURRENT GAMBLING AUTHORIZATION

Nothing in these Terms authorizes gambling.

64.10 NO CURRENT REAL-MONEY GAMING AUTHORIZATION

Nothing in these Terms authorizes real-money wagering or real-money gaming.

64.11 FUTURE REGULATED PROGRAMS

If FCGI introduces functionality requiring materially different regulatory treatment, participation may require separate:

(a) Terms;
(b) Supplemental Terms;
(c) licenses;
(d) eligibility requirements;
(e) identity verification;
(f) age verification;
(g) geographic controls;
(h) regulatory approvals;
(i) responsible-play controls; or
(j) other legally required measures.

64.12 NO GRANDFATHERED RIGHT INTO FUTURE REGULATED PROGRAM

An existing Account, purchase or Game Kit does not create a right to participate in a future regulated program.

65. COPYRIGHT, TRADEMARK AND PROPRIETARY NOTICE

65.1 COPYRIGHT NOTICE

65.2 INVENTOR AND OWNER

David W. Mahon is the sole inventor of Full Color® Games, Full Color® Cards and the Full Color® Gaming System and owns the intellectual property identified or protected as his intellectual property under applicable law, subject to applicable ownership, licensing, assignment and territorial rights.

65.3 LICENSED USE

All Full Color® Games Intellectual Property used by FCGI is used under license or other applicable lawful rights.

65.4 RIGHTS RESERVED

65.5 UNAUTHORIZED USE

Unauthorized use, copying, reproduction, distribution, commercialization or broadcast of protected Full Color® Content is prohibited except as authorized by applicable law or an express license.

65.6 NO COMPLETE IP SCHEDULE

The notices in this Section are not intended as a complete inventory of applicable Intellectual Property rights.

65.7 TERRITORIAL VARIATION

Trademark, copyright, patent, licensing and other Intellectual Property rights may vary by country or jurisdiction.

65.8 LICENSING INFORMATION

Persons seeking additional licensing information should contact FCGI through the licensing resources available on an Authorized Full Color® Website.

65.9 PRINCIPAL WEBSITE

fullcolorsolitaire.com

66. CONTACT INFORMATION

66.1 CONTRACTING ENTITY

Full Color Games, Inc.

66.2 MAILING ADDRESS

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, NV 89108
United States

66.3 WEBSITE

fullcolorsolitaire.com

66.4 SUPPORT

Current support information is available through the support resources on an Authorized Full Color® Website.

66.5 PRIVACY

Current privacy inquiry information is available through the privacy resources on an Authorized Full Color® Website.

66.6 GAME KIT

Current Game Kit application and support information is available through the Game Kit or Submit a Request resources on an Authorized Full Color® Website.

66.7 LICENSING

Current licensing information is available through the licensing or Submit a Request resources on an Authorized Full Color® Website.

66.8 SECURITY

Security vulnerability reports may be sent to:

pwnd@fullcolorsolitaire.com

or submitted through the applicable support resources.

66.9 CHANGES TO CONTACT METHODS

FCGI may update email addresses, contact forms, support systems or other communication methods.

Users should rely upon current information published through an Authorized Full Color® Website.

67. EFFECTIVE DATE

These Terms are effective as of the Effective Date listed at the beginning of these Terms.

67.2 PREVIOUS TERMS

These Terms supersede prior general Full Color® Solitaire Terms and Conditions to the extent those prior terms govern the same subject matter and have been validly replaced.

A separate written agreement remains effective according to its own terms.

67.3 FUTURE VERSIONS

Future versions of these Terms will become effective according to Section 51 and applicable law.

68. FINAL ACCEPTANCE AND ACKNOWLEDGMENT

68.1 IMPORTANT NOTICE

PLEASE READ THESE TERMS BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE APP OR SERVICES.

68.2 ACCEPTANCE THROUGH ACCOUNT REGISTRATION

Where FCGI presents these Terms through an Account registration, verification or login process and requires affirmative acceptance, selecting the applicable acceptance control constitutes your electronic acceptance of these Terms.

68.3 ACCEPTANCE THROUGH GAME KIT ENROLLMENT

Where FCGI requires affirmative acceptance as part of a Game Kit application, approval, activation or administration process, selecting the applicable acceptance control constitutes acceptance of the Terms applicable to that Game Kit.

68.4 ACCEPTANCE THROUGH PURCHASE OR PROGRAM ENROLLMENT

Where Supplemental Terms are presented as part of a purchase, Competition, Reward program, commercial program or other optional Service, completing the applicable affirmative acceptance process constitutes acceptance of those Supplemental Terms.

68.5 ANONYMOUS USER ACCEPTANCE

To the fullest extent permitted by applicable law, an Anonymous User who downloads, installs, opens, accesses or continues to use the App after receiving legally sufficient notice that use is governed by these Terms manifests agreement to the provisions applicable to that use.

68.6 APP STORE NOTICE

Where the Apple App Store listing conspicuously identifies that downloading or using the App is subject to these Terms and makes the Terms reasonably accessible, downloading the App following that notice constitutes acceptance to the fullest extent recognized by applicable law.

68.7 USE AFTER NOTICE

To the fullest extent permitted by applicable law, continued use of the Services following legally sufficient presentation of these Terms constitutes acceptance.

68.8 NO ACCEPTANCE WHERE LAW REQUIRES ADDITIONAL CONSENT

Where applicable law requires affirmative consent beyond download, access or continued use for a particular contractual provision, FCGI will obtain the additional consent required to make that provision binding.

68.9 ELECTRONIC ACCEPTANCE

You agree that electronic acceptance may have the same legal effect as a handwritten signature to the extent provided by applicable law.

68.10 ABILITY TO RETAIN TERMS

FCGI may make these Terms available through an Authorized Full Color® Website so Users can review and retain a copy.

68.11 USER ACKNOWLEDGMENTS

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:

(a) YOU HAVE BEEN GIVEN AN OPPORTUNITY TO REVIEW THESE TERMS;
(b) YOU UNDERSTAND THAT THE APP AND FULL COLOR® CONTENT ARE LICENSED, NOT SOLD;
(c) YOUR RIGHTS TO USE THE APP AND SERVICES ARE LIMITED BY THESE TERMS AND APPLICABLE LAW;
(d) ACCESS TO PUBLICLY VIEWABLE FULL COLOR® CONTENT DOES NOT TRANSFER OWNERSHIP OF THAT CONTENT;
(e) GAME KIT PARTICIPATION IS LICENSED AND MAY BE SUBJECT TO ADDITIONAL TERMS;
(f) PROMO CODES PROVIDE ONLY THE ENTITLEMENTS EXPRESSLY ASSOCIATED WITH THEM;
(g) SPONSOR-FUNDED GAMEPLAY MAY INCLUDE SPONSOR PRESENTATION DURING THE APPLICABLE PROMOTIONAL PERIOD;
(h) COMMERCIAL EXPLOITATION OF PROTECTED FULL COLOR® INTELLECTUAL PROPERTY MAY REQUIRE A SEPARATE LICENSE;
(i) CHEATING, HACKING, CIRCUMVENTION, PROMO CODE FRAUD AND UNAUTHORIZED ACCESS ARE PROHIBITED;
(j) THESE TERMS CONTAIN LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW;
(k) THESE TERMS CONTAIN DISPUTE-RESOLUTION AND ARBITRATION PROVISIONS APPLICABLE TO COVERED CONSUMER DISPUTES;
(l) COVERED ARBITRATION IS GENERALLY INDIVIDUAL RATHER THAN CLASS, COLLECTIVE OR REPRESENTATIVE ARBITRATION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW;
(m) COMMERCIAL GAME KIT RELATIONSHIPS MAY BE SUBJECT TO DIFFERENT DISPUTE AND LIABILITY PROVISIONS IN A SEPARATE WRITTEN AGREEMENT; AND
(n) MANDATORY RIGHTS THAT APPLICABLE LAW DOES NOT PERMIT YOU TO WAIVE ARE PRESERVED.

68.12 ACCOUNT ACCEPTANCE LANGUAGE

Where FCGI uses a checkbox or similar acceptance control for Account creation, the following or substantially equivalent language may be used:

“I have read and agree to the Full Color® Solitaire Terms and Conditions and acknowledge the Privacy Policy.”

68.13 GAME KIT ACCEPTANCE LANGUAGE

Where FCGI uses a checkbox or similar acceptance control for Game Kit participation, the following or substantially equivalent language may be used:

“I have read and agree to the Full Color® Solitaire Terms and Conditions, including the Game Kit Terms applicable to my participation, and acknowledge the Privacy Policy.”

68.14 COMMERCIAL GAME KIT ACCEPTANCE

A commercial Game Kit applicant may be required to accept these Terms electronically in addition to executing or accepting a separate commercial agreement.

Acceptance of these Terms does not eliminate any additional signature, approval or acceptance requirement imposed by the separate commercial agreement.

68.15 SUPPLEMENTAL TERMS ACCEPTANCE

Where Supplemental Terms apply, FCGI may require acceptance through:

(a) a checkbox;
(b) electronic signature;
(c) Account confirmation;
(d) Game Kit activation;
(e) Competition registration;
(f) Reward registration;
(g) Promo Code redemption;
(h) purchase confirmation; or
(i) another legally sufficient acceptance method.

68.16 PRIVACY POLICY ACKNOWLEDGMENT

The Privacy Policy describes FCGI's applicable data practices.

Acknowledgment of the Privacy Policy does not convert the Privacy Policy into a grant to FCGI of substantive contractual rights beyond those otherwise provided by applicable law and the applicable agreement.

68.17 NO GAME KIT LICENSE FROM ORDINARY ACCOUNT ACCEPTANCE

Acceptance of these Terms through ordinary Account registration does not, by itself, approve the User for a Game Kit.

Game Kit approval remains subject to the applicable application and authorization process.

68.18 NO COMMERCIAL LICENSE FROM ORDINARY ACCEPTANCE

Acceptance of these Terms does not grant a commercial license to FCG-IP except for commercial permissions expressly provided by these Terms.

Commercial uses requiring additional authorization remain subject to the applicable licensing process.

68.19 NO SPONSORSHIP FROM PROMO CODE REDEMPTION

A User who redeems a Sponsor Promo Code becomes an eligible participant in the applicable promotional experience.

The User does not thereby become:

(a) an employee of the Sponsor;
(b) an agent of the Sponsor;
(c) an employee of FCGI;
(d) an agent of FCGI;
(e) a commercial licensee;
(f) a Sponsor;
(g) a Partner; or
(h) a person authorized to bind FCGI or the Sponsor.

68.20 NO OWNERSHIP FROM ACCEPTANCE

Acceptance of these Terms grants only the licenses and permissions expressly stated.

Acceptance does not transfer ownership of:

(a) Full Color® Solitaire;
(b) Full Color® Games;
(c) Full Color® Cards;
(d) the Full Color® Gaming System;
(e) FCG-IP;
(f) the App;
(g) source code;
(h) Game Kit technology;
(i) Promo Code technology;
(j) scoring systems;
(k) statistics;
(l) protected formulas;
(m) protected algorithms;
(n) Content; or
(o) other Intellectual Property.

68.21 TERMINATION DOES NOT CANCEL SURVIVING OBLIGATIONS

A User cannot eliminate obligations that validly survive termination merely by:

(a) deleting the App;
(b) deleting an Account;
(c) logging out;
(d) ceasing gameplay;
(e) terminating a Game Kit;
(f) allowing a Promo Code to expire; or
(g) otherwise ceasing use of the Services.

68.22 DELETION OF APP

Deleting the App from a Device terminates use on that Device until the App is reinstalled.

Deletion does not independently:

(a) cancel an Apple subscription;
(b) delete an FCGI Account;
(c) erase lawfully retained records;
(d) terminate obligations that survive;
(e) undo a completed transaction; or
(f) transfer or relinquish Intellectual Property rights.

68.23 SUBSCRIPTION CANCELLATION

A User wishing to stop renewal of an Apple subscription must use Apple's applicable subscription-management functionality.

Deleting the App alone may not cancel the subscription.

68.24 ACCOUNT DELETION

A User wishing to request deletion of an Account should use the applicable Account or privacy process described in the Privacy Policy or through an Authorized Full Color® Website.

68.25 FINAL AGREEMENT

By validly accepting these Terms, you enter into the applicable agreement with Full Color Games, Inc. concerning your use of the Full Color® Ecosystem.

Your agreement remains subject to mandatory rights and limitations imposed by applicable law.

69. FINAL RESERVATION OF RIGHTS

69.1 GENERAL RESERVATION

Except for rights expressly granted under these Terms, FCGI and the applicable Full Color® rights holders reserve all rights, remedies, claims, defenses, licenses, privileges, protections and interests available under applicable law.

69.2 NO IMPLIED ABANDONMENT

No act or omission by FCGI will constitute abandonment of an Intellectual Property right except where the requirements for abandonment under applicable law are actually satisfied.

69.3 NO IMPLIED DEDICATION

No publication, disclosure, demonstration, explanation, tutorial, white paper, Help Center article, Game rule, scoring explanation, statistical explanation or other public communication constitutes dedication of protected FCG-IP to the public domain merely because the information is publicly accessible.

69.4 NO IMPLIED COMMERCIALIZATION RIGHT

No User acquires a right to commercially exploit protected FCG-IP merely because the User understands how Full Color® Games, scoring system, statistical system, Game Kit or other Full Color® feature operates.

69.5 NO IMPLIED REPRODUCTION RIGHT

No User acquires a right to reproduce protected Full Color® Content merely because the User can view or technically copy it.

69.6 NO IMPLIED DISTRIBUTION RIGHT

No User acquires a right to distribute protected Full Color® Content merely because the Content was distributed to that User.

69.7 NO IMPLIED DERIVATIVE-WORK RIGHT

No User acquires a right to prepare derivative works from protected Full Color® Content except where such right is expressly granted or independently provided by applicable law.

69.8 NO IMPLIED BROADCAST RIGHT

No User acquires an unrestricted commercial broadcast or exhibition right merely by downloading or purchasing the App.

69.9 NO IMPLIED GAME KIT RIGHT

No User acquires a Game Kit merely through use of the App.

69.10 NO IMPLIED SPONSORSHIP RIGHT

No person acquires Sponsor rights merely by promoting Full Color® products.

69.11 NO IMPLIED AFFILIATE RIGHT

No person acquires affiliate or revenue-sharing rights merely by referring Users to Full Color® products.

69.12 NO IMPLIED API RIGHT

No person acquires API rights merely because an API or network endpoint can be identified.

69.13 NO IMPLIED DATA RIGHT

No person acquires ownership of FCGI data merely because the person can view a portion of that data through authorized functionality.

69.14 NO IMPLIED SECURITY-TESTING RIGHT

No person acquires authorization to conduct security testing merely because the Services are publicly accessible.

69.15 NO IMPLIED AI LICENSE

No person acquires an artificial-intelligence or machine-learning training license merely because Full Color® Content can be accessed electronically.

69.16 NO IMPLIED CARD-MANUFACTURING RIGHT

No person acquires a right to manufacture Full Color® Cards or a protected derivative merely by purchasing, viewing, studying or playing with Full Color® Cards.

69.17 NO IMPLIED GAME-CLONING RIGHT

No person acquires a right to reproduce protected Full Color® Games Content in another Game merely because the rules or operation of the Game can be understood.

69.18 RIGHTS UNDER APPLICABLE LAW PRESERVED

Nothing in this final reservation of rights expands FCGI's Intellectual Property beyond the rights actually provided by applicable law.

Nothing in this final reservation eliminates an exception, limitation, defense or User right that applicable law does not permit FCGI to waive or restrict.

David W. Mahon is the sole inventor and owner of all Full Color® Games, Full Color® Cards and the Full Color® Gaming System, subject to applicable ownership, licensing, assignment and territorial rights recognized under applicable law.

All Full Color® Games intellectual property herein is used under license or other applicable lawful rights.

Unauthorized use, copying, reproduction, distribution, commercialization or broadcast of protected Full Color® Content is strictly prohibited except as expressly authorized by applicable law or an applicable written license.

Ownership, registration, licensing and territorial rights concerning particular trademarks, copyrights, patents and other Intellectual Property may vary by country and jurisdiction.

These Terms do not constitute a complete public inventory of any FCG-IP or the private ownership, assignment or licensing arrangements applicable to that Intellectual Property.

For licensing information, visit:

fullcolorsolitaire.com

and use the licensing, Game Kit, support or Submit a Request resources available through the website.

71. FINAL GAME KIT NOTICE
Game Kit is the Full Color® licensing program through which approved Users and organizations may obtain specialized rights and functionality.

Available or future Game Kit configurations may include:

School Kit
Institution Kit
Sponsor Kit
Partner Kit
Ambassador Kit
Influencer Kit
Marketing Kit
Promotional Kit
Party Kit

and other authorized Game Kit configurations.

Game Kit functionality may include Play Kit, Competition Kit, Live Kit, History Kit, Favorites Kit, Global Games Kit and other modules or functionality made available by FCGI.

Game Kit rights are licensed.

They are not sold.

Approval is required.

Commercial rights require express authorization.

Revenue sharing, affiliate compensation, sponsorship compensation and other payment rights exist only when expressly established by an applicable written agreement.

To apply for a Game Kit or request licensing information, visit an Authorized Full Color® Website, including:

fullcolorsolitaire.com

and use the applicable Game Kit, licensing, support or Submit a Request resources.

72. FINAL USER NOTICE
IF YOU DO NOT AGREE TO THE TERMS APPLICABLE TO YOUR USE, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE AFFECTED SERVICES.

IF YOU CREATE AN ACCOUNT, YOU MAY BE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS.

IF YOU APPLY FOR OR PARTICIPATE IN A GAME KIT, YOU MAY BE REQUIRED TO ACCEPT ADDITIONAL GAME KIT OR SUPPLEMENTAL TERMS.

IF YOU PARTICIPATE IN A COMPETITION, REWARD PROGRAM OR OTHER SPECIAL PROGRAM, ADDITIONAL RULES MAY APPLY.

IF YOU ENTER INTO A COMMERCIAL RELATIONSHIP WITH FCGI, A SEPARATE WRITTEN AGREEMENT MAY APPLY.

MANDATORY RIGHTS PROVIDED BY APPLICABLE LAW REMAIN EFFECTIVE TO THE EXTENT THEY CANNOT LAWFULLY BE WAIVED.

73. END OF TERMS
FULL COLOR® SOLITAIRE

TERMS AND CONDITIONS OF USE
END USER LICENSE AGREEMENT
GAME KIT TERMS
INTELLECTUAL PROPERTY AND RESTRICTED-USE CONDITIONS

Full Color Games, Inc.
5348 Vegas Dr.
Las Vegas, NV 89108
United States

http://fullcolorgames.com
http://fullcolorsolitaire.com

All Full Color® Cards and Full Color® Games ©2026 David W. Mahon.
All Full Color® Games intellectual property herein is used under license.
All Rights Reserved.

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