Terms of Service

Last updated: April 14, 2024

Welcome to FluffyPenguin ("fluffyp.ninja", "FluffyPenguin", "FFP", "We"). FluffyPenguin is a fan-made, unofficial project inspired by the now-closed virtual world Club Penguin by Disney. By using our services, you acknowledge and understand that FluffyPenguin is not affiliated with The Walt Disney Company or Disney Interactive Media Group.

These Terms ("Terms of Service", "Terms of Use", "Conditions of Use") apply to all FluffyPenguin pages served at www.fluffyp.ninja, this also includes those domains and subdomains linked to www.fluffyp.ninja by FluffyPenguin, subsidiaries and affiliates. BY USING OUR SERVICES AND APPLICATIONS YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT ACCEPT THEM, DO NOT USE ANY OF OUR PRODUCTS.

FluffyPenguin reserves the right to modify these Terms of Service at any time without prior notice. It is your responsibility to review these terms periodically to stay informed of any changes. By continuing to use our services after the publication of modifications, you confirm that you accept such changes.

By accepting these Terms, both you and FluffyPenguin agree to submit any dispute to arbitration. You waive your right to file individual or collective lawsuits, except in cases that may be handled in small claims courts, or when the European General Data Protection Regulation establishes otherwise.

If you are a parent or legal guardian and provide consent for your child to register on our platform, you agree to be bound by these Terms of Use and become responsible for all the minor's activities on our services.

By accepting these Terms, you are also subject to:

  • FluffyPenguin's Privacy Policies
  • FluffyPenguin's Community Rules

By using our services, you confirm that you have reached the age of majority in your jurisdiction, that you have read, understood and accepted these terms. If you do not accept these conditions, you should not use our services.

If you are a minor according to the laws of your jurisdiction, your parent or legal guardian must read and accept these terms before you can use our services. By allowing a minor to use the platform, the responsible adult accepts these terms and becomes responsible for all the minor's activities, including the purchase of virtual content.

THESE TERMS ESTABLISH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FLUFFYPENGUIN. READ THEM CAREFULLY BEFORE USING OUR SERVICES.

Your privacy

The privacy of your data is our top priority. We ask you to review our Privacy Policies, where the types of data we collect from you, your browsers and/or devices are described; how we use and process that data and how we treat user-generated content. For any questions about our Privacy Policies, contact us at [email protected].

Accounts and Services

By registering and using FluffyPenguin or any of our services (including the game, blog, chat and forums), you confirm that you are at least 13 years old. If you are under 13 years old, you need verifiable consent from your parents or guardians in accordance with the Children's Online Privacy Protection Act (COPPA). By creating an account, you confirm that you meet the age requirements or that you have the consent of your parents or guardians, who have reviewed and accepted these Terms on your behalf.

By accessing or continuing to use our services, you declare that you meet these requirements and accept the processing of your personal data to the extent necessary for the operation of the platform. You also agree to comply with our rules and assume responsibility for any action that may violate them. As a user, you certify your responsibility for all actions performed in relation to your account.

Your username must be appropriate and respectful. It is subject to prior approval and subsequent moderation. Names that contain offensive language, inappropriate references, personal information or that violate our standards will be censored or require modification.

FluffyPenguin accounts are personal and non-transferable. You cannot sell, give away or allow third parties to use your account. If we detect this type of activity, we will suspend the account immediately. We reserve the right to review accounts and their content when we deem it necessary, although we are not obligated to do so frequently. If your behavior is negligent or violates our Community Rules, we may restrict or suspend your access to FluffyPenguin.

Our Community Rules establish the behavioral standards we expect from all users. Failure to comply with these rules may result in disciplinary measures ranging from warnings to permanent account suspension. These rules include, among others, the following prohibitions:

  • Identity impersonation

    It is prohibited to falsify your identity or impersonate another person or entity. You cannot use credentials, usernames or account information belonging to others.

  • Respect between users

    You cannot harass, abuse, threaten or engage in conflicts with other players. Always maintain respectful treatment.

  • Violence and threats

    Threatening, provoking or inciting violence against other people is strictly prohibited.

  • Substances

    Conversations about drugs, alcohol or other illegal substances are not allowed, even using slang or euphemisms.

  • Sensitive topics

    To maintain a safe environment, avoid discussions about politics, religion or other controversial topics that may generate conflicts.

  • Sexually explicit content

    Sharing, promoting or requesting sexual content is strictly prohibited.

  • Personal information

    For your safety, do not request or share personal information such as real names, addresses or contact details.

  • Discriminatory language

    Racist, homophobic, sexist speech or any form of hate speech is unacceptable.

  • Fair play

    We do not tolerate cheating, hacks, exploits or attempts to manipulate our servers. Any unfair advantage will result in penalties.

  • Suspension evasion

    You cannot circumvent a suspension by creating new accounts or other alternative means.

  • Unauthorized advertising

    It is prohibited to post advertisements or send spam to other users.

  • Other CPPS

    You may mention other Club Penguin private servers, but actively promoting them is prohibited.

  • Copyright

    By submitting copyrighted content (art, music, etc.) for use on our platform, you waive the right to request its future removal, unless we agree to different terms before submission.

  • Content standards

    All content must be respectful and appropriate for all users. Any defamatory, abusive, threatening, violent, vulgar, obscene or sexually explicit material is prohibited.

  • Content filters

    Attempting to evade word or content filters is prohibited.

We are not responsible for damages or problems that may arise from the use of your account.

Content

Copying, reproduction, distribution or commercial use of any site content is prohibited, except when: (a) these Terms expressly authorize it, (b) there is a prior and specific agreement between you and FluffyPenguin that allows it, or (c) you have our written consent.

Site Use

It is not permitted to use bots, scrapers, deep links or automated methods to access or copy Site content, nor to attempt unauthorized access through hacking, brute force or other means. FluffyPenguin may block and take action against those who do so.

Account responsibility

You are solely responsible for maintaining the confidentiality and security of your account information, including your username, email and password, as well as all activities performed through your account. You must adopt reasonable security measures (for example, choosing strong passwords and not sharing your credentials with third parties).

If you suspect or have knowledge of unauthorized access, loss or disclosure of your credentials, you must notify FluffyPenguin without undue delay through the channels we indicate and collaborate in adopting the necessary measures. You may be responsible for losses or damages resulting from your breach of these obligations or your negligence in protecting your account. To the extent permitted by law, FluffyPenguin will not be responsible for losses arising from unauthorized use of your account when such use is a consequence of your lack of diligence.

Limitation of liability

To the maximum extent permitted by applicable law, nothing in these Terms limits or excludes our liability for: (a) death or personal injury arising from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

We perform periodic backups of content hosted on our servers and maintain duplicate user data for operational and recovery purposes. By registering, you acknowledge the existence of these copies and consent to FluffyPenguin using them exclusively to: (i) restore servers and recover data in case of technical failures; (ii) correct or update account information to ensure proper service operation; and (iii) evaluate, test and improve the functionality, performance and security of our services.

Except as set forth above, neither FluffyPenguin nor its affiliates shall be liable to you or third parties for indirect, incidental, special, consequential or punitive damages (including loss of profits, data, reputation, business interruption or loss of opportunities), whether by contract, tort, negligence, strict liability or any other cause related to the site, services or these terms, even if we have been advised of the possibility of such damages.

Applicable law

These Terms of Service are governed by the laws of the State of California, United States, without regard to its conflict of laws provisions. Any legal dispute related to these terms or the use of our services will be subject to the exclusive jurisdiction of the competent courts of the State of California.

Contact information

For any questions or concerns regarding our Terms of Use, you can contact us at [email protected].